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 .
Claim Rejections - 35 USC § 112
1. 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.
2. Claim 3 is 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. Claim 3 depends from Claim 2 of the present application. Claim 3 further limits the R group of Claim 2 containing a structure having Formula (2) of the present application. Formula (2) of the present application exhibits no substitution to an androstane structure, save for the R3 group at the tertiary carbon. Claim 3 seeks to further limit the R group of Claim 2 containing a structure having Formula (2) of the present application, wherein said R group containing a structure having Formula (2) of the present application has the structure of any one of formulae (2)-1 to (2)-8 of the present application. All structures of formulae (2)-1 to (2)-8 of the present application exhibit substitution to the androstane structure beyond the R3 group at the tertiary carbon. Thus, Claim 3 fails to include all the limitations of the claim upon which it depends, i.e. Claim 2 which limits the R group containing a structure having Formula (2) of the present application and wherein Formula (2) of the present application exhibits no substitution to an androstane structure, save for the R3 group at the tertiary carbon. 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.
Allowable Subject Matter
3. Claim 1 of the present application discloses chemically amplified resist composition comprising a quencher and an acid generator. The prior art teaches or suggests all limitations therein, including a quencher comprising a nitrogen-containing carboxylic acid compound having a carboxy group whose hydrogen is substituted by a tertiary hydrocarbyl group, save for the prior art fails to teach the tertiary hydrocarbyl group comprising an androstane structure. Prior art such Claims 2 and 4-14 are dependent of Claim 1.
4. Claims 1-2 and 4-14 are allowed.
Conclusion
5. 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.
6. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARK F HUFF can be reached at (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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/R.D.C./Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737