Prosecution Insights
Last updated: April 19, 2026
Application No. 17/777,638

REPLACEMENT LIQUID OF LIQUID FILLING BETWEEN RESIST PATTERNS, AND METHOD FOR PRODUCING RESIST PATTERNS USING THE SAME

Final Rejection §102§103
Filed
May 18, 2022
Examiner
CHU, JOHN S Y
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Merch Patent GmbH
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
82%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
740 granted / 959 resolved
+12.2% vs TC avg
Moderate +5% lift
Without
With
+5.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
65 currently pending
Career history
1024
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
29.9%
-10.1% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 959 resolved cases

Office Action

§102 §103
DETAILED CORRESPONDENCE This Office action is in response to the amendment received December 3, 2025. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claim(s) 23-31 are rejected under 35 U.S.C. 103 as obvious over WANG et al (EP-2711776 A1) The claimed invention now recites the following: PNG media_image1.png 804 670 media_image1.png Greyscale PNG media_image2.png 56 344 media_image2.png Greyscale WANG et al disclose a treating composition comprising a sulfonic acid, an acid or base for controlling the pH (para. [0031]), and water, see below: PNG media_image3.png 144 760 media_image3.png Greyscale This disclosure meets the claimed invention lacking only the nitrogen-containing compound in a working example. The claimed method is met be para. [0040] thru [0043], shown here: PNG media_image4.png 340 750 media_image4.png Greyscale Claims 24-28 are met by the cleaning step in para. [0045] with water after the treating solution for lithography. Claims 29-31 are conventional processing steps to use the resulting resist pattern, either in mask making or printed wiring boards, para. [0004]. It would have been prima facie obvious to one of ordinary skill in the art of photosensitive compositions to add a base such as an amine to the rinse solution of WANG et al after the formation of resist patterns and the rinsing with water after treatment with the rinsing solution with the reasonable expectation of no pattern collapse, no surface defects and surface roughness. 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 JOHN S CHU whose telephone number is (571)272-1329. The examiner can normally be reached M-F, IFP-Flex. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Huff, can be reached at telephone number 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. /John S. Chu/ Primary Examiner, Art Unit 1737 J. Chu March 17, 2026
Read full office action

Prosecution Timeline

May 18, 2022
Application Filed
Aug 28, 2025
Non-Final Rejection — §102, §103
Dec 03, 2025
Response Filed
Mar 17, 2026
Final Rejection — §102, §103
Apr 09, 2026
Request for Continued Examination
Apr 13, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601975
COMPOSITIONS FOR REDUCING RESIST CONSUMPTION OF EXTREME ULTRAVIOLET METALLIC TYPE RESIST
2y 5m to grant Granted Apr 14, 2026
Patent 12585186
PHOTOACID GENERATOR, CHEMICALLY AMPLIFIED RESIST COMPOSITION, AND PATTERNING PROCESS
2y 5m to grant Granted Mar 24, 2026
Patent 12578646
ORGANOTIN OXIDE HYDROXIDE PATTERNING COMPOSITIONS, PRECURSORS, AND PATTERNING
2y 5m to grant Granted Mar 17, 2026
Patent 12554198
Functional hydrogen silsesquioxane resins and the use thereof
2y 5m to grant Granted Feb 17, 2026
Patent 12547074
PHOTOSENSITIVE RESIN COMPOSITION, METHOD FOR PRODUCING PATTERNED CURED FILM, PATTERNED CURED FILM AND SEMICONDUCTOR ELEMENT
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
82%
With Interview (+5.1%)
3y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 959 resolved cases by this examiner. Grant probability derived from career allow rate.

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