DETAILED CORRESPONDENCE
This Office action is in response to the election received May 19, 2025.
Applicant’s election without traverse of Group I, claims 1-11, and 15-18 in the reply filed on May 19, 2025 is acknowledged.
Claims 12-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 May 19, 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.
Claims 1-11, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of BRADLEY et al (6,800,788), FARNHAM et al (8,034,534) and TAKAHASHI et al (2008/0254388).
The claimed invention recites the following:
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BRADLEY et al disclose a compound meeting claimed compound A as seen in Examples 21 and 27.
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These compounds are precursors used to make water repellent polymers as reported in Examples 37 and 38B.
In column 12, lines 17-25 it is reported that the compounds in BRADLEY et al can be used in copolymerizing with other monomers for applications to include cleaning resistance, washing resistance and applications as a photoresist, as shown below:
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BRADLEY et al fail to report the use of photoacids and photoinitiators as reported in claims 5 and 6.
FARNHAM et al report fluorinated polymer containing compositions for used in photoresist composition wherein the photoactive compound is a photoacid, see col. 4, lines 23-63 shown here:
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.
With respect to claim 5 and a photoinitiator and ethylenically unsaturated compound, TAKAHASHI et al report the use of fluorinated polymer in a negative working photosensitive composition. The components are listed on page 7, para. [0098] and [0099], shown below:
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And in para. [0102] and [0103] wherein the composition further contains a radical crosslinking agent having at least two ethylenic double bonds:
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Claims 7-8 are seen in the references above wherein the resins are thermoplastic and water-soluble.
Claims 9 and 10 are met by the disclosure for pigments in TAKAHASHI et al, para, [0117].
Claims 16-18 are met by the disclosure above in TAKAHASHI et al for the alkali-soluble resin and polymerizable compounds in para. [0102] and [0103].
It would have been prima facie obvious to one of ordinary skill in the art of photoresist composition to form polymers from the fluorine compounds in BRADLEY et al and formulate them in photoresist compositions having photoacid or photoinitiator with ethylenically unsaturated compounds as taught by BRADLEY et al to function as a positive or negative working photoresist with the reasonable expectation of same or similar results for excellent composition with water repellency, and enhanced surface properties displaying high contact angles with water and other immersion fluids.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
BRADLEY et al (2003/0039919) report fluorinated compounds and polymers made from those compounds that can be used in photoresist composition, see para. [0075].
QIU et al (8,420,281) report epoxy-functionalized perfluoropolyether polymers in hard coat composition formulated with photoacids.
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.
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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
June 14, 2025