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 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in as set forth below.
Claim Rejections - 35 USC § 103
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 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.
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.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki et al. (US 2019/0390320 A1; hereafter Sasaki)
As to claims 1-3, Sasaki teaches a substrate treating method for treating a substrate (abstract), the substrate treating method comprising: a treatment liquid supplying step of supplying a treatment liquid, containing a sublimable substance, a solvent, and a surfactant, to the substrate; a solidified film forming step of forming a solidified film containing the sublimable substance on the substrate by evaporating the solvent and the surfactant from the treatment liquid on the substrate; and a sublimation step of sublimating the solidified film, wherein the surfactant has an octanol-water partition coefficient of -1 or more and 1 or less, and vapor pressure of the surfactant at room temperature is 0.9 times or more and 3 times or less vapor pressure of the solvent at room temperature (abstract). In paras 0012 and 0013, camphor is taught as the sublimable substance and isopropyl alcohol in para 0013 as the solvent isopropyl alcohol or propylene glycol monomethyl ether acetate may be the solvent in para 0088.
The surface tension is lowered in the treatment liquid by adding a surfactant (paras 0004, 0280-0285) and its only requirement is that it has a hydrophobic and hydrophilic group. Sasaki teaches tert butyl alcohol as the surfactant (para 00258-0259) and not those claimed. However, tert butanol is structurally similar to the alcohols claimed, such as isobutanol and 1-butanol. They are alcohols that would fulfill the requirement of having a hydrophobic and hydrophilic group. Further, according to MPEP 2144.09 II: “Compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) or homologs (compounds differing regularly by the successive addition of the same chemical group, e.g., by -CH2- groups) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. In re Wilder, 563 F.2d 457, 195 USPQ 426 (CCPA 1977). See also In re May, 574 F.2d 1082, 197 USPQ 601 (CCPA 1978) (stereoisomers prima facie obvious); Aventis Pharma Deutschland v. Lupin Ltd., 499 F.3d 1293, 84 USPQ2d 1197 (Fed. Cir. 2007) (5(S) stereoisomer of ramipril obvious over prior art mixture of stereoisomers of ramipril.)” Therefore, it would have been obvious to one of ordinary skill in the art to use isomers of tert butyl alcohol as surfactants as they are structurally similar and would have the same properties.
Further, as the rejection teaches the same substances, it follows that they will have the claimed physical properties as desired in claims 1-3.
As to claim 5, the substrate has a pattern in the abstract of Sasaki.
Claim(s) 1-3, 5 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki in view of EITHER Otusuji et al. (US 2020/0411309 A1, hereafter Otusuji), Sasaki (US 2020/0411307, hereafter Sasaki 307) OR Dumas et al. (US 4775449)
As to claims 1-3, Sasaki teaches a substrate treating method for treating a substrate (abstract), the substrate treating method comprising: a treatment liquid supplying step of supplying a treatment liquid, containing a sublimable substance, a solvent, and a surfactant, to the substrate; a solidified film forming step of forming a solidified film containing the sublimable substance on the substrate by evaporating the solvent and the surfactant from the treatment liquid on the substrate; and a sublimation step of sublimating the solidified film, wherein the surfactant has an octanol-water partition coefficient of -1 or more and 1 or less, and vapor pressure of the surfactant at room temperature is 0.9 times or more and 3 times or less vapor pressure of the solvent at room temperature (abstract). In paras 0012 and 0013, camphor is taught as the sublimable substance and isopropyl alcohol in para 0013 as the solvent isopropyl alcohol or propylene glycol monomethyl ether acetate may be the solvent in para 0088.
The surface tension is lowered in the treatment liquid by adding a surfactant (paras 0004, 0280-0285) and its only requirement is that it has a hydrophobic and hydrophilic group. Sasaki teaches tert butyl alcohol as the surfactant (para 00258-0259) and not those claimed.
Otusuji teaches mixing IPA with methanol, ethanol etc. in para 0113, among other claimed combinations. These alcohols also meet the requirements of a surfactant of being hydrophobic and hydrophilic in Sasaki and being known to be used as surfactants by changing the surface tension in para 0004. 0280-0285. Therefore, it would have been obvious to one of ordinary skill in the art to use the solvents of Sasaki with the surfactants of Otusuji as Otusuji teaches the art recognized suitability and utility of such.
Further, Dumas teaches methanol as an adhesion promoter in the mixture (col 4 lines 50-65). Tert butyl alcohol is similarly taught as an adhesion promoter in the Sasaki referenced areas above. Therefore, it would have been obvious to one of ordinary skill in the art to use the solvents of Sasaki with the methanol of Dumas as Dumas teaches the art recognized suitability and utility of such.
Further, as the rejection teaches the same substances, it follows that they will have the claimed physical properties as desired in claims 1-3.
As to claim 5, the substrate has a pattern in the abstract of Sasaki.
As to claim 16, Sasaki teaches a substrate treating method for treating a substrate (abstract), the substrate treating method comprising: a treatment liquid supplying step of supplying a treatment liquid, containing a sublimable substance, a solvent, and a surfactant, to the substrate; a solidified film forming step of forming a solidified film containing the sublimable substance on the substrate by evaporating the solvent and the surfactant from the treatment liquid on the substrate; and a sublimation step of sublimating the solidified film, wherein the surfactant has an octanol-water partition coefficient of -1 or more and 1 or less, and vapor pressure of the surfactant at room temperature is 0.9 times or more and 3 times or less vapor pressure of the solvent at room temperature (abstract). In paras 0012 and 0013, camphor is taught as the sublimable substance and isopropyl alcohol as the solvent. The surfactant may be tert-butanol (also known as tertiary butyl alcohol) in para 0258-0259, fulfilling the preferred substances in the instant specification and claim 16. The surface tension is lowered in the treatment liquid by adding these alcohols in para 0004, therefore having them act as surfactants (also see paras 0280-0285). In paragraphs 0258-0259, Sasaki teaches isopropyl alcohol as the solvent and tert butyl alcohol as the surfactant, meeting the claim language. However, Sasaki teaches the sublimable substance as camphor and not necessarily cyclohexanone oxime or E-caprolactam.
Otusuji teaches cyclohexanone oxime with the same solvents to dry a substrate and inhibit pattern collapse in paras 0008-0009. Sasaki 307 teaches cyclohexanone oxime with the same solvents to dry a substrate and inhibit pattern collapse in paras 0007-0008. Dumas et al. teaches cyclohexanone oxime as a similar sublimable substance in the same solvents in col. 3 lines 40-67. Therefore, it would have been obvious at the time of filing to modify Sasaki to include the sublimable cyclohexanone oxime in its mixture as taught by Otusuji, Sasaki 307 and Dumas et al. as these references teach the art recognized suitability and utility of its use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELLY M GAMBETTA whose telephone number is (571)272-2668. The examiner can normally be reached M-F 9-5:30.
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KELLY M. GAMBETTA
Primary Examiner
Art Unit 1718
/KELLY M GAMBETTA/Primary Examiner, Art Unit 1718