DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Species 1A and 2A in the reply filed on 02/23/2026 is acknowledged.
3. Claims 3, 9 are cancelled by applicants in the response filed on 02/23/2026.
Claim Objections
4. Claims 4, 5 are objected to because of the following informalities:
In line 2 of claim 4, the phrase “average particle size D50 particle size” is redundant. It should read “average particle size D50”
In lines 1-2 of claim 5, the phrase “the reaction product an isocyanate terminated prepolymer” lacks antecedent basis and missing the word “of”. It should read “a reaction product of an isocyanate terminated prepolymer”.
In claim 5, the phrase "a reaction product of a polyol prepolymer, toluene diisocyanate, a low molecular weight polyol" appears to have missing word. It should have a word "and" before "a low molecular weight polyol", i.e., " toluene diisocyanate, and a low molecular weight polyol".
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
6. Claims 5-6, 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the reaction product an isocyanate terminated prepolymer and an amine curative" in line 1-2. There is insufficient antecedent basis for this limitation in the claim. Further, this phrase is missing the term “of” after the phrase “the reaction product” (See previous objection above for further detail).
Claim 5 recites the limitation "the reaction product" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the phrase “the reaction product” is referred to “[a] reaction product [of] an isocyanate terminated prepolymer and amine curative” or “a reaction product of a polyol prepolymer, toluene diisocyanate, a low molecular weight polyol”.
The term “low molecular weight polyol” in claim 5 is a relative term which renders the claim indefinite. The term “low molecular weight polyol” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification, at paragraph 0030, gives examples of low molecular weight polyols, but it is not clear if these examples are meant to represent the only species that can be considered low molecular weight, or if there are other species with comparatively higher molecular weights which might still be considered low molecular weight polyols.
The term “low molecular weight polyol” in claim 6 is a relative term which renders the claim indefinite. The term “low molecular weight polyol” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification, at paragraph 0030, gives examples of low molecular weight polyols, but it is not clear if these examples are meant to represent the only species that can be considered low molecular weight, or if there are other species with comparatively higher molecular weights which might still be considered low molecular weight polyols.
Claim 6 recites the limitation "the isocyanate prepolymer" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 5 depends on claim 6. The phrase “the isocyanate prepolymer” in claim 6 is broader than the phrase “an isocyanate terminated prepolymer” as recited in claim 5. It is unclear whether the phrase “"the isocyanate prepolymer" in claim 6 is referred to “an isocyanate terminated prepolymer” in claim 5 or not.
Claim 10 recites the limitation "the dishing" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the number of chattermarks" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
7. Claims 1-2, 7-8 are allowed.
8. Claim 4 would be allowable if rewritten to overcome the objection as, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
9. Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and objection set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
10. Claims 6, 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
11. The following is a statement of reasons for the indication of allowable subject matter: The cited prior arts fail to disclose or suggest providing a chemical mechanical polishing pad and polishing solution, the polishing pad having a polishing layer comprising a polyurethane and 1 to 20 wt % based on total weight of the polishing layer of non-reactive, non-expandable polymeric particles dispersed in the polyurethane and less than 2 wt% expandable polymeric microspheres,
conditioning the polishing layer to form a conditioned polishing layer;
reconditioning the polishing layer to form a reconditioned polishing layer,
stopping the reconditioning, and,
after stopping the reconditioning, initiating additional polishing on the substrate or a second substrate, and
wherein the non-reactive, non-expandable polymeric particles are porous and comprise cross-linked polymethylmethacrylate.
The closest prior arts Qian (US 2016/0176012) discloses providing a chemical mechanical polishing pad and a polishing solution, the polishing pad having a polishing layer comprising a polyurethane matrix containing 4.2 to 7.5 wt% fluid-filled microspheres in the isocyanate-terminated molecule, the fluid-filled microsphere being polymeric; and conditioning the polishing pad and polishing the substrate using the conditioned polishing pad (abstract, paragraph 0007-0008, 0018-0025).
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of Reference Cited .
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BINH X TRAN whose telephone number is (571)272-1469. The examiner can normally be reached Monday-Friday.
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BINH X. TRAN
Examiner
Art Unit 1713
/BINH X TRAN/Primary Examiner, Art Unit 1713
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