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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3, 5 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Komuro et al. (JP 2019-202991 A).
Regarding claims 1-3, 5 and 7-11, Komuro et al. teach a resin composition ( actinic ray-sensitive or radiation-sensitive resin composition; see abstract, claims and examples) comprising compounds represented by IB-1, IB-2, IB-3, IB-4:
PNG
media_image1.png
400
667
media_image1.png
Greyscale
[0078], and IX-2:
PNG
media_image2.png
170
376
media_image2.png
Greyscale
[0242] meeting the limitation of a compound (I) that generates an acid upon irradiation with actinic rays or radiation and has an ionic structure and a zwitterionic structure as instantly claimed and a compound represented by any of the following general formulas (I)-1 to (I)-3 wherein A11- and A13- to A16- represents an acid anionic group represented by formula (A-1) to (A-2) and A12- represents an acid anionic group represented by any of the formulas of (B-1) to (B-3) as instantly claimed. Also, Komuro et al. teach a film formed using the resin composition (see examples). Komuro et al. teach a pattern forming method as well as method for manufacturing an electronic device ( semiconductor microfabrication devices) comprising the steps of forming a film on a substrate using the resin composition; a step of exposing the film to light; and developing the film with a developer ( see claims, [0250] and examples).
Claim 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Komuro et al. (JP 2019-202991 A).
Regarding claim 12, Komuro et al. teach represented by IB-1, IB-2, IB-3, IB-4:
PNG
media_image1.png
400
667
media_image1.png
Greyscale
[0078], and IX-2:
PNG
media_image2.png
170
376
media_image2.png
Greyscale
[0242] meeting the limitation of a compound represented by any of the following general formulas (IA)-1 to (IA)-3 ( IA-2) as instantly claimed.
Claim(s) 1-3 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Komuro et al. (US 2021/0063874 A1).
Regarding claims 1-3 and 9-11, Komuro et al. teach a resin composition ( actinic ray-sensitive or radiation-sensitive resin composition; see abstract, claims and examples) comprising a salt represented by I-3 or I-4 [0058] meeting the limitation of a compound (I) that generates an acid upon irradiation with actinic rays or radiation and has an ionic structure and a zwitterionic structure and includes at least two anionic groups and at least one cationic group that are linked via covalent bonding as instantly claimed. Also, Komuro et al. teach a film formed using the resin composition (see examples ). Komuro et al. teach a pattern forming method as well as method for manufacturing an electronic device ( semiconductor devices) comprising the steps of forming a film on a substrate using the resin composition; a step of exposing the film to light; and developing the film with a developer ( see claims and examples).
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 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) 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Komuro et al. (JP 2019-202991 A) as applied to claim 1 above.
Regarding claims 4 and 6, Komuro et al. do not explicitly wherein the compound (I) generates a plurality of acid groups having different pKa values upon irradiation with the actinic rays or radiation as instantly claimed or replacement step with different pKa groups as recited by the instant claims. Nonetheless, it is noted that compounds represented by Komuro et al. and the instant claims are the same chemical compounds. Accordingly, products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. [MPEP 2112.01 In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)]. Thus, the compounds according to Komuro et al. is expected to generates a plurality of acid groups having different pKa values upon irradiation with the actinic rays or radiation and a replacement step with different pKa groups as that of instant application. At the time of the invention, it would have been obvious to one of ordinary skilled in the art to include that compounds of Komuro et al. generates a plurality of acid groups having different pKa values upon irradiation with the actinic rays or radiation and a replacement step with different pKa groups as that of instant application.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Tarumoto et al. ( JP2003-267968 A; see abstract, claims, examples ) teach a photoacid generator 1 that corresponds to formula 1 as instantly claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANCEITY N ROBINSON whose telephone number is (571)270-3786. The examiner can normally be reached Monday-Friday (8:00 am-6:00 pm; IFP; PHP).
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, Anthony Zimmer can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHANCEITY N ROBINSON/ Primary Examiner, Art Unit 1737
Prosecution Insights