DETAILED ACTION
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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/23/2025 has been entered.
Claim(s) 12 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shoji et al (WO 2016/117524 and its machine translation) in view of Kitamura et al (JP 2004-156001 and its machine translation), and in further view of Nishimura et al (8,618,243).
Shoji et al disclose a triazine polymer usable in applications where triazine polymers are known and used, which has a structure falling within the scope of the instant formula (1):
PNG
media_image1.png
88
128
media_image1.png
Greyscale
Wherein the R1 to R5 groups may be hydrogen, halogen, alkyl, alkoxy, fluoroalkyl, -COOH, -OH, sulfone, amino, or phosphate group, with examples having such groups below, wherein the -OH group could replace the -COOH, alkyl, or fluoroalkyl in the examples below ([0021]-[0024]).
PNG
media_image2.png
88
264
media_image2.png
Greyscale
PNG
media_image3.png
108
116
media_image3.png
Greyscale
In the reference examples, the instant amino aryl group includes a substituent at any position, R and R’ are each hydrogen, and Ar is preferably phenyl ((2) and (17); instant claims 12, 18, and 19). The polymer comprises arylamino groups subsituted by -OH groups as instantly claimed by instant formulas (15) and (16).
The reference teaches a method of preparing the polymer, which may be used in known applications including those where high heat resistance is useful.
The Kitamura et al reference teaches a method of using a triazine polymer having a nearly identical structure, and teaches one of ordinary skill in the art to prepare the polymer and use it in a varietry of uses, those including coating, drying to remove the solvent, exposing to light to form a pattern (which includes a photomask), post-exposure baking, developing, then curing/drying.
The Nishimura et al references teaches the advantages in improved crosslinking by preparing a triazine of structure of Kitamura to result in a hyperbranched version of the polymer (see examples 2, 3, 4). wherein the curing after development is a “drying” step which would have at least a temperature similar to that of the initial drying which is 80 o C for 20 minutes. The instant specification teaches the post-development baking step which allows the product to flow and form the lens is performed at a temperature of about 70 to 400 o C, or more preferably 80 to 200 o C, at a time of between 1 to 60 minutes ([0073]).
The composition may be a positive or negative resist, further comprising a photoacid generator or curing catalyst (0015]-[0016]), the catalyst including a di(meth)acrylate, tri(meth)acylate, or tetra(meth)acrylate, meeting the limitations of the instant claim 20 ([0060]).
Therefore, given the teachings of the primary reference that the polymer is useful in a composition application where high heat resistance is useful, and that teachings of the Kitamura et al in view of Nishimura et al that known applications for triazine polymers having high heat resistance include hyperbranched versions of the polymers to improve crosslinking in resist composition comprising curing catalysts or crosslinkers and patterning methods, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the polymer of Shoji et al, choosing to include the polymer in a composition and method as taught to be a known use for triazine polymers as taught by Kitamura et al in view of Nishimura et al, wherein the high heat resistance polymer composition and method would also meet the limitations of the instant claims.
The references fail to specifically teach the formation of a convex lens shaped pattern, however the specification sets forth the method conditions for achieving the shape with the hyperbranched polymer in [0073]. The resultant method of the references includes the steps as claimed (including a post-development baking step meeting the conditions as described by the instant specification for achieving the convex lens shape), therefore given the similarity of the method combined with the hyperbranched polymer of the claimed structure would be expected to form the convex lens as instantly claimed absent evidence to the contrary.
Claim(s) 12 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura et al (WO 2015/098788 and its machine translation) in view of Nishimura ‘243 in further view of Kitamura et al.
Nishimura et al disclose a composition comprising a triazine polymer, wherein the polymer has a structure meeting the limitations of the instant formula (1):
PNG
media_image4.png
126
224
media_image4.png
Greyscale
PNG
media_image5.png
122
196
media_image5.png
Greyscale
In the reference formula, the instant R and R’ are hydrogen, alkyl, alkoxy, aryl, or aralkyl, Ar1 is the groups as set forth by the instant (2)-(14), and the arylmino group having a hydroxyl group meets the limitations of the instant (15) and (16) (instant claims 12, 18, and 19.
PNG
media_image6.png
322
448
media_image6.png
Greyscale
While the reference teaches triazine polymers for curable crosslinked films, the reference fails to specifically disclose triazine polymers of the structure that are hyperbranched.
However, Nishimura ‘243 disclose a triazine polymer having a structure similar to that of Nishimura et al, and teaches that when the polymer is further reacted to form a high-molecular weight hyperbranched triazine, the crosslinking density in curable compositions (column 11, line 56 to column 12, line 14, column 40, lines 18-23).
Given the teachings of the references, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material and perform the method of Nishimura et al, choosing as the triazine polymer, a hyperbranched polymer having the structure of Nishimura et al, as taught by Nishimura ‘243 to adjust the processing of a triazine having a similar structure to improve the crosslinking of the film and cured layer.
The reference composition further includes a polyfunctional crosslinking agent, wherein preferred compounds include polyfunctional (meth)acrylates ([0065]; instant claim 20).
The reference teaches that the composition may be used in a patterning process amongst others including a cured layer or film, that process comprising coating the composition onto a substrate, drying/ pre-baking the composition to remove the solvent, exposing to light through a mask, and developed, wherein additional baking steps may be performed after exposure. The claim as written requires that the method comprise the claimed steps, but does not require them in a specific order. Therefore, the “further baking the composition” is any baking step additional to the initial pre-baking step to remove the solvent. The reference clearly teaches a step of baking after exposure, and examples demonstrate a post-exposure baking step, but one of ordinary skill in the art would have also immediately envisaged a post-development bake to further cure and dry the pattern to remove developer solution or water rinse ([0089]-[0097], [0103]).
While Nishimura et al in view of Nishimura ‘243 have been discussed above, and the references teach a baking step broadly after exposure which would include the common step of post-development baking/ curing to dry and remove developer and water rinse remaining, alternatively Kitamura et al teaches a similar composition and process, wherein the process includes both a post-exposure bake step, and a post-development bake / cure step and teaches that such methods are known in the art for forming a cured film pattern. The curing after development is a “drying” step which would have at least a temperature similar to that of the initial drying which is 80 o C for 20 minutes. The instant specification teaches the post-development baking step which allows the product to flow and form the lens is performed at a temperature of about 70 to 400 o C, or more preferably 80 to 200 o C, at a time of between 1 to 60 minutes ([0073]).
Therefore, given the teachings of the references, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare a material and perform the method of Nishimura et al in view of Nishimura’243, wherein the method includes a post-development bake step as taught to be known in the art by Kitamura et al.
The references fail to specifically teach the formation of a convex lens shaped pattern, however the specification sets forth the method conditions for achieving the shape with the hyperbranched polymer in [0073]. The resultant method of the references includes the steps as claimed (including a post-development baking step meeting the conditions as described by the instant specification for achieving the convex lens shape), therefore given the similarity of the method combined with the hyperbranched polymer of the claimed structure would be expected to form the convex lens as instantly claimed absent evidence to the contrary.
Allowable Subject Matter
Claim 21 is 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.
Newly added claim 21 requires to combination of specific combination of a molecular weight range for the triazine polymer, the crosslinking agent and amount, and solvent, solid content of the composition, and the conditions for the further baking step. While the art teaches some of these compounds in amounts falling within the claimed ranges, and conditions which overlap the claimed range, the prior art does not specifically teach the molecular weight and the more narrow baking time conditions.
Response to Arguments
Applicant’s arguments with respect to claim(s) 12/23/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has cancelled claim 17, and amended the claims 12 and 18-20 to require that the triazine polymer includes the arylamino group to be that of formula (15).
As argued by applicant, the Kitamura et al reference teaches a lower alkyl group rather than a hydrogen substituent as required by (15), and the rejections over Kitamura as a primary reference have been withdrawn. Kitamura et al is relied upon for its broader teachings for the known uses for similar triazine compounds and compositions.
The rejections have been formulated to address the newly added claim limitations.
Applicant’s primary arguments are that none of the cited references teach the polymer having the structure as claimed, wherein the polymer is a hyperbranched polymer, nor do they teach a convex lens is prepared by the method by the additional baking step.
As the office noted in the Advisory Action, the Shoji et al and Nishimura et al references teach a triazine polymer comprising an arylamino group according to the instant formula (15) as shown above. Nishimura et al ‘243 is also relied upon as teaching the advantages of using a hyperbranched version of a triazine polymer, specifically improved crosslinking, which one of ordinary skill in the art would find beneficial in the in the methods of Shoji et al or Nishimura et al in view of Kitamura et al to result in a more crosslinked and cured product.
As presented previously, while the references do not explicitly teach that the pattern after post-development baking is a convex lens, the instant specification teaches in [0073], that a patterning method including the steps and a hyperbranched triazine of the instant structure result in the claimed shaped pattern. The instant specification teaches that when the post-development baking step of the exposed and development layer comprising the triazine is performed during the conditions as set forth in [0073] (70 to 400 o C for 1 to 60 minutes) results in the claimed convex lens shaped-pattern, therefore one of ordinary skill in the art would have expected the resultant methods and materials of the references as discussed above to result in a pattern having a shape as instantly claimed. Applicant has not argued that the baking step discussed by the references, and the resultant method of the teachings of the references would not result in the convex lens, but simply that the reference fails to teach that the material is reflowed and forms the lens. Applicant on page 8 of the response cites portions of the instant specification discussing the formation of the lens, and argues that it is a unique and difficult process.
However, regardless of the characterizations of the process as recited in the instant specification, the resultant process of the references teaches hyperbranched triazine-containing polymer as claimed, and a process comprising each of the claimed method steps, including a post-development heat-treatment within the time and temperature conditions taught by the instant specification to perform the baking step and form the convex lens. Therefore, the method of the references would inherently form a pattern in the claimed convex lend shape given the similar patterning and baking conditions, despite the references not specifically disclosing that they are aiming to form the convex lens.
Matsumara et al (JP 2018-036566 and its machine translation) are cited to show that it is known in the art for a lens shape to be formed by melt-flowing the pattern post-development to form a convex-lens at a temperature of 120 to 240 o C, and a time of 10 to 90 minutes, or 5 to 30 minutes (Step 4, [0162]). Therefore, the position of the office is further supported by the conditions of post-development heat-treating resulting in a re-flow or melt-flow and a convex lens shape.
By performing the method of the references, which teach the steps as claimed, and the post-development baking step within the scope of the conditions applicant teaches will result in the convex lens when performed, one of ordinary skill in the art would have expected the resultant material of the method and material of the references to result in the convex lens absent evidence to the contrary.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA C WALKE whose telephone number is (571)272-1337. The examiner can normally be reached Monday to Thursday 5:30am to 4pm.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMANDA C. WALKE/Primary Examiner, Art Unit 1722