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 .
Response to Arguments
Applicant's arguments filed 11/20/2025 have been fully considered but they are not persuasive. Applicants argue that Chung teaches the amount of phosphoric acid is 1-50 % by mass [0048] but fails to teach the claimed acid concentration range of 55 mass% or more and 90 mass % or less.
In response, Examiner states that without showing any criticality of such acid content, the claimed acid concentration of 55 mass % is obvious over the concentration taught by Chung because they are close enough that one of ordinary skill in the art would have expected to have the same preferred properties. See MPEP 2144.05.I.
Examiner also pointed out that Chung teaches the etching solution of the present embodiment contains a combination of water and phosphoric acid and/or a derivative thereof, the mass ratio of water to phosphoric acid and/or a derivative thereof is preferably 1/1 to 10/1, more preferably 1.1/1 to 9/1, and still more preferably 1.2/1 to 8/1 and [0053] In the case where the etching solution of the present embodiment contains a solvent, the amount of the solvent with respect to the total mass of the etching solution is, for example, 23 to 95% by mass [0053]; and therefore, the acid content in the etching solution appears to teach 55 mass % or more.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al (US 2021/0104411).
Regarding claim 9, Chung et al disclose an etching composition comprising a fluorine-containing compound (fluoride) and an acid [0016],[0023], wherein a fluoride ion concentration in the etching solution of the present embodiment is not particularly limited. The fluoride ion concentration in the etching solution is, for example, 0.005 to 2.50 mol/L [0028]; and aforesaid teaching overlaps the claimed range and overlapping ranges are prima facie obvious, MPEP 2144.05.
Chung et al also disclose that the composition also comprises a solvent, wherein the solvent is not particularly limited, and examples thereof include water and a polar organic solvent, and phosphoric acid and/or a derivative thereof [0036].
Chung et al disclose that the etching solution contains a solvent, the amount of the solvent with respect to the total mass of the etching solution is, for example, 23 to 95% by mass [0053] and aforesaid teaching overlaps the claimed range and overlapping ranges are prima facie obvious, MPEP 2144.05.
Chung teaches the etching solution of the present embodiment contains phosphoric acid and/or a derivative thereof, the amount of phosphoric acid and/or a derivative thereof with respect to the total mass of the etching solution is, for example, 1 to 50% by mass [0048].
Examiner states that without showing any criticality of such acid content, the claimed acid concentration of 55 mass % is obvious over the concentration taught by Chung because they are close enough that one of ordinary skill in the art would have expected to have the same preferred properties. See MPEP 2144.05.I.
Examiner also pointed out that Chung teaches the etching solution of the present embodiment contains a combination of water and phosphoric acid and/or a derivative thereof, the mass ratio of water to phosphoric acid and/or a derivative thereof is preferably 1/1 to 10/1, more preferably 1.1/1 to 9/1, and still more preferably 1.2/1 to 8/1 and [0053] In the case where the etching solution of the present embodiment contains a solvent, the amount of the solvent with respect to the total mass of the etching solution is, for example, 23 to 95% by mass [0053]; and therefore, the acid content in the etching solution appears to teach 55 mass % or more because Chung discloses that the solvent is not particularly limited, and examples thereof include water and a polar organic solvent, and phosphoric acid and/or a derivative thereof [0036].
In the above, Chung et al may not disclose the etching composition is used for SiCN, which is purely an intended use limitation that has no patentable weight. Examiner noted that Chung et al’s composition has all the components as the instant invention and such composition is capable of etching SiCN (silicon carbon nitride). Further, it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997). MEPE 2111.02(II).
Regarding claim 13, Chung et al disclose that fluorides other than hexafluorosilicic acid are not particularly limited, and examples tetraalkylammonium tetrafluoroborate (NR.sub.1R.sub.2R.sub.3R.sub.4BF.sub.4) such as tetrabutylammonium trifluoromethane sulfonate or tetrabutylammonium tetrafluoroborate, tetraalkylammonium hexafluorophosphate (NR.sub.1R.sub.2R.sub.3R.sub.4PF.sub.6), tetraalkylammonium fluoride (NR.sub.1R.sub.2R.sub.3R.sub.4F) (or an anhydride or hydrate thereof) such as tetramethylammonium fluoride (chemical formula for tetramethylammonium fluoride is (CH3)4NF), ammonium bifluoride, and ammonium fluoride (in the formulae, R.sub.1, R.sub.2, R.sub.3 and R.sub.4 may be the same or different, and represents hydrogen, a linear or branched C.sub.1-C.sub.6 alkyl group (e.g., methyl, ethyl, propyl, butyl, pentyl, hexyl), a C.sub.1-C.sub.6 alkoxy group (e.g., hydroxyethyl, hydroxypropyl) [0024]; and aforesaid “tetraalkylammonium fluoride” such as “tetramethylammonium fluoride” reads on the claimed limitation of “tetraalkylammonium fluoride having a total carbon number of 8 or less”.
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 SHAMIM AHMED whose telephone number is (571)272-1457. The examiner can normally be reached M-TH (8-5:30pm).
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SHAMIM AHMED
Primary Examiner
Art Unit 1713
/SHAMIM AHMED/Primary Examiner, Art Unit 1713
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