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 .
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(s) 1, 3-5, 7-8, 10-11, 15-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2023/047703.
WO 2023/047703 teaches a method and a composition as claimed.
As to claims 22-23:
WO 2023/047703 teaches a composition comprising a sublimable compound and a solvent in volume proportions 1:40.
WO 2023/047703 exemplify acetoxime as the sublimable compound.
WO 2023/047703 also teaches alcohols as solvents and exemplify IPA as the solvent.
The disclosed volume proportions of acetoxime and IPA are readable on the weight percentages recited by claim 21 since the density of IPA is 0.785 g/cm3 the density of acetoxime is 0.911 g/cm3.
See the attached translation of the document. Especially Description of the embodiments, Parts 1-2, 1-6, 1-7, 3 Figures 1, 3, 5-11, 13-21 and the related description.
As to claims 1, 3-5, 7-8, 10-11, and 15:
As to claims 1, 16 and 21:
WO 2023/047703 teaches a method comprising:
a) applying a surface treatment composition to a substrate having a pattern disposed on a surface thereof, wherein the surface treatment composition comprises at least one sublimable compound and at least one solvent;
b) solidifying the surface treatment composition on the surface; and c) removing by sublimation the sublimable compound disposed on the surface.
See at least Description of the embodiments, Parts 1-2, 1-6, 1-7, 3 Figures 1, 3, 5-11, 13-21 and the related description.
The pattern and the repeating structures recited by claim 1 are shown at least on Figure 1.
Since WO 2023/047703 teaches a specific compound recited by the dependent claim 7 (acetoxime) the limitation of “the at least one sublimable compound is capable of forming a crystal having a crystal system that is not a cubic or tetragonal crystal system”, which is recited by claim 1, is met by the disclosure of WO 2023/047703.
As to claims 3-5 and 7:
WO 2023/047703 exemplifies the use of acetoxime as the sublimable compound, which is recited by claim 7.
The limitations directed to the properties of the sublimable compound recited by claims 3-5 are met but the disclosure of the claimed acetoxime.
As to claims 8, 10, 11:
WO 2023/047703 teaches the solvents as claimed (alcohols) and teach the claimed amounts of the sublimable compound and the solvent.
As to claim 15:
WO 2023/047703 teaches surfaces as claimed. WO 2023/047703 teaches the surfaces comprising SiO2, SiN, etc.
As to claim 16:
WO 2023/047703 teaches a specific compound recited by the claim (acetoxime).
As to claims 17-19:
WO 2023/047703 teaches the solvents as claimed (alcohols) and teach the claimed amounts of the sublimable compound and the solvent.
As to claim 20:
WO 2023/047703 teaches surfaces as claimed. WO 2023/047703 teaches the surfaces comprising SiO2, SiN, etc.
As to claim 21:
The pattern and the repeating structures recited by claim 21 are shown at least on Figure 1.
The limitations directed to the properties of the sublimable compound recited by claim 21 are met but the disclosure of the acetoxime, which is the sublimable compound used by the applicants.
See at least Description of the embodiments, Parts 1-2, 1-6, 1-7, 3 Figures 1, 3, 5-11, 13-21 and the related description.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries 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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023/047703.
WO 2023/047703, as applied above, teaches the claimed method except for the specific recitation of the square pattern on the surface.
However, WO 2023/047703 does not restrict application of the disclosed method for any specific type of the pattern.
It would have been obvious to an ordinary artisan at the time the invention was filed to apply the method of WO 2023/047703 to any type of pattern requiring processing in order to apply a known process for its known purpose and to have the substrate with a pattern processed.
Claim(s) 2, 9 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023/047703 in view of JP 2022-546328.
As to claim 2:
WO 2023/047703, as applied above, teaches the claimed method except for the specific recitation of the size of the pattern.
However, WO 2023/047703 does not restrict application of the disclosed method for any specific size of the pattern.
On the other side, JP 2022-546328 evidences that it was known to process substrates with patterns as claimed by the methods utilizing sublimable compounds and solvents. See at least Summary.
It would have been obvious to an ordinary artisan at the time the invention was filed to apply the method of WO 2023/047703 to any type of pattern, including the patterns disclosed by JP 2022-546328, requiring processing in order to apply a known process for its known purpose and to have the substrate with a pattern processed.
As to claim 9:
WO 2023/047703, as applied above, teaches the claimed method except for the specific recitation of the solvent with a vapor pressure as claimed.
However, WO 2023/047703 does not restrict application of the disclosed method to any specific solvent.
On the other side, JP 2022-546328 evidences that it was known to process substrates with patterns by the methods utilizing sublimable compounds and solvents and exemplify utilizing solvents such as PGMEA, which has the claimed vapor pressure. See at least Summary, claims.
It would have been obvious to an ordinary artisan at the time the invention was filed to use PGMEA, which has the claimed vapor pressure, in the method of WO 2023/047703 in order to apply a known chemical for its known purpose.
AS to claims 12-14:
WO 2023/047703, as applied above, teaches the claimed method except for the specific recitation of the use of the modification agents as claimed.
On the other side, JP 2022-546328 evidences that it was known to process substrates with patterns by the methods utilizing sublimable compounds and solvents and modifiers. JP 2022-546328 also teaches the use of the modifiers as claimed. See at least Summary, Table 2 and the description at [0027-38], claims.
It would have been obvious to an ordinary artisan at the time the invention was filed to use modifiers in the method of WO 2023/047703 in order to obtain benefits disclosed by JP 2022-546328 and in order to use a known chemical for its known purpose.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The documents listed on the attached PTO 892 are cited to show the state of the art with respect to the compositions and methods for processing substrates with sublimable compounds.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MARKOFF whose telephone number is (571)272-1304. The examiner can normally be reached 9:00 am - 5:30 pm.
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, Michael Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER MARKOFF/Primary Examiner, Art Unit 1711