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 .
Response to Amendment
2. This office action is responsive to applicant’s amendment filed on 06/23/2026. Claims 1-2, 4-5, 7-13, 16-20 are pending. Claim 1 has been amended. Claims 3, 6, 14-15 have been cancelled. Claim 20 is withdrawn claim. The applicant’s amendment along with the remark were sufficient to overcome the examiner’s previous ground of rejection under 35 U.S.C 102(a)(1) and 102(a)(2). However, upon further consideration new ground of rejections under 35 U.S.C 103 were set forth as discussed below.
Response to Arguments
3. Regarding to previous ground of rejection under 35 U.S.C 102(a)(1), the applicants stated:
“Claims 1, 3-5, 8-9 and 11 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Takahashi et al. (JP 2012-227291 A).
This rejection should be withdrawn in view of the amendment incorporating claim 6 into claim 1. Claim 6 is not subject to this rejection. Accordingly, withdrawal of the rejection is kindly requested.”.
The applicant’s amendment along with the remark were sufficient to overcome the examiner’s previous ground of rejection under 35 U.S.C. § 102(a)(1) as being anticipated by Takahashi et al. (JP 2012-227291 A).
The applicant’s further stated “Claims 1, 4-13 and 16-19 are rejected under 35 U.S.C. §102(a)(1) and/or §102(a)(2) as being anticipated by Mizutani (US 2016/0033856 A1).
This rejection should be withdrawn in view of the subject matter of claim 3 being incorporated into claim 1. Claim 3 is not rejected over Mizutani. Thus, withdrawal of this rejection is respectfully requested.”
The applicant’s amendment along with the remark were sufficient to overcome the examiner’s previous ground of rejection under 35 U.S.C. § 102(a)(1) and/or 102(a)(2) as being anticipated by Mizutani (US 2016/0033856 A1). However, upon further consideration new ground of rejections under 35 U.S.C 103 were set forth as discussed below.
The applicants further stated “Claims 1-5 and 13 are rejected under 35 U.S.C. §102(a)(1) and/or §102(a)(2) as being anticipated by Liu (US 2019/0085240 Al).
Similar to the rejection based on Takahashi et al, this rejection should be withdrawn in view of claim 6's subject matter being incorporated into claim 1. Claim 6 is not rejected based on Liu. Therefore, withdrawal of the rejection based on Liu is respectfully requested.”
The applicant’s amendment along with the remark were sufficient to overcome the examiner’s previous ground of rejection under 35 U.S.C. § 102(a)(1) and/or 102(a)(2) as being anticipated by Liu
However, upon further consideration new ground of rejections under 35 U.S.C 103 were set forth as discussed below.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. 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.
7. Claim(s) 1-2, 4-5, 7-13, 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Mazutani (US 2016/0033856 A1) in view of Liu et al. (US 2019/0085240 A1).
Note:
As to claim 1, Mizutani discloses a treatment liquid comprising:
nitrogen-containing polymer (See paragraph 0014-0029, 0076-0079, Table 1);
quaternary ammonium hydroxide such as tetramethyl ammonium hydroxide (TMAH; (See paragraph 0066-0067, Table 1);
ethyl alcohol or ethylene glycol or propylene glycol (See paragraph 0133-0134; corresponding to applicant’s “an organic solvent having SP value of 25 MPa1/2 or more; See Table 1 in evidence reference for SP value as cited below:
Subrahmanyam et al. “On the Road to Biopolymer Aerogels—Dealing with the Solvent” Gels 2015, 1, 291-313; doi:10.3390/gels1020291 );
Water (paragraph 0127;
Providing that polyalkyleneimine is excluded from the nitrogen-containing polymer (paragraph 0014-0029, Table 1);
Wherein a content of the organic solvent is
pH is 9 or more, preferable 11 or more (See paragraph 0131, read on applicant’s range “more than 7.0”).
As to claim 1, Mizutani fails to disclose a content of the organic solvent is 40 mass% or more. However, Mizutani clearly teaches to use ethylene glycol or propylene glycol as organic solvent (See paragraph 0134). As to claim 1, Liu discloses the content of organic solvent include ethylene glycol or propylene glycol is between 0.5 wt% to 59.5 wt% with respect to a total mass of the treatment liquid including example of 40 wt%, 44 wt%, 50 wt% or 59.5 wat% (paragraph 0043-0044, within applicant’s range of “40 mass% or more” ). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Mizutani in view of Liu by a content of the organic solvent is 40 mass% or more because in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
As to claim 2, Mizutani discloses the treatment liquid is used for an objected to treated containing silicon (See paragraph 0043, 0049). As to claim 2, Mizutani fails to disclose the treatment liquid is used for an object to be treated containing silicon germanium. As to claim 2, Liu discloses the treatment liquid is used for an object to be treated containing silicon germanium (See abstract, paragraph 0017). Liu further discloses a treatment liquid comprising:
nitrogen-containing polymer; (i.e. siloxane modified polysilazane; See paragraph 0046);
quaternary ammonium hydroxide such as tetramethyl ammonium hydroxide (TMAH); (See paragraph 0034-0035);
ethylene glycol or dimethyl sulfoxide (DMSO) (See paragraph 0043-0044; corresponding to applicant’s “an organic solvent having SP value of 25 MPa1/2 or more; See Table 1 in evidence reference for SP value as cited below:
Subrahmanyam et al. “On the Road to Biopolymer Aerogels—Dealing with the Solvent” Gels 2015, 1, 291-313; doi:10.3390/gels1020291 );
Water (paragraph 0032-0033
Providing that polyalkyleneimine is excluded from the nitrogen-containing polymer (paragraph 0045).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Mizutani in view of Liu by having the treatment liquid is used for an object containing silicon germanium because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
As to claim 4, Mizutani discloses the organic solvent does not include a compound having an amide structure (See paragraph 0134).
As to claim 5, Mizutani discloses the organic solvent is methyl alcohol, ethyl alcohol, ethylene glycol, or propylene glycol having at least one of a hydroxyl group (See paragraph 00134; Note; alcohol or glycol comprises hydroxyl group).
As to claim 7, Mizutani discloses the treatment liquid having a pH preferable 11 or more (See paragraph 0131, read on applicant’s range “11.0 or more” in claim 7).
As to claim 8, Mizutani discloses a weight average molecular weight of the nitrogen-containing polymer is 500 or more and 50,000 or less, preferably 30,000 or less, preferably 20,000 or less (paragraph 0098-0100; within applicant’s range of “1,000 or more”).
As to claim 9, Mizutani discloses the nitrogen-containing polymer contains a repeating unit having a structure selected from the group consisting of a primary amine structure, a secondary amine structure, a tertiary amine structure and quaternary ammonium salt structure (See paragraph 0011, 0024 0077, 0103).
As to claim 10, Mizutani discloses the nitrogen-containing polymer contains a repeating unit having quaternary ammonium salt structure (See paragraph 0011, 0024, 0071, 0109).
As to claim 11, Mizutani discloses the nitrogen-containing polymer contains a repeating unit selected from the group consisting of a repeating unit represented by Formula (1), a repeating unit represented by Formula (2), and a repeating unit represented by Formula (3),
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in Formula (1), L11 to L15 each independently represent a single bond or a divalent linking group,
X represents a divalent linking group containing a nitrogen atom,
R11 represents a monovalent substituent, in a case where a plurality of R11 are present, the plurality of R11 each independently represent a monovalent substituent, and
n1 represents an integer of 0 to 5,
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n Formula (2), L21 represents a divalent linking group,
L22 represents a single bond or a divalent linking group,
R21 represents a hydrogen atom or a monovalent substituent, and
R22 represents a monovalent substituent containing a nitrogen atom,
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n Formula (3), L31 represents a divalent linking group,
R31 and R32 each independently represent a monovalent substituent, and
A- represents a monovalent anion (See paragraph 0014-0027, 0077, 0103).
As to claim 12, Mizutani discloses the nitrogen-containing polymer contains the repeating unit represented by formula (1) (See paragraph 0014, 0027, 0077; formula (a-6)).
As to claim 13, Mizutani discloses the a content of the nitrogen-containing polymer is 0.1% by mass or more (paragraph 0094).
As to claim 16, Mizutani discloses wherein the organic solvent is a compound having at least one of a hydroxy group (i.e. alcohol or glycol; See paragraph 0134); and
the nitrogen-containing polymer contains a repeating unit having a structure selected from the group consisting of a primary amine structure, a secondary amine structure, a tertiary amine structure, and a quaternary ammonium salt structure (See paragraph 0011, 0024 0077, 0103).
As to claim 17, Mizutani discloses the organic solvent is a compound having at least one of a hydroxy group (i.e. alcohol or glycol; See paragraph 0134); and
the nitrogen-containing polymer contains a repeating unit selected from the group consisting of a repeating unit represented by Formula (1), a repeating unit represented by Formula (2), and a repeating unit represented by Formula (3)
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178
351
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in Formula (1), L11 to L15 each independently represent a single bond or a divalent linking group,
X represents a divalent linking group containing a nitrogen atom,
R11 represents a monovalent substituent, in a case where a plurality of R11 are present, the plurality of R11 each independently represent a monovalent substituent, and
n1 represents an integer of 0 to 5,
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media_image2.png
184
208
media_image2.png
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n Formula (2), L21 represents a divalent linking group,
L22 represents a single bond or a divalent linking group,
R21 represents a hydrogen atom or a monovalent substituent, and
R22 represents a monovalent substituent containing a nitrogen atom,
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166
221
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n Formula (3), L31 represents a divalent linking group,
R31 and R32 each independently represent a monovalent substituent, and
A- represents a monovalent anion (See paragraph 0014-0027, 0077, 0103)
As to claim 18, Mizutani discloses the organic solvent is a compound having at least one of a hydroxy group (i.e. alcohol or glycol; See paragraph 0134); and
the nitrogen-containing polymer contains a repeating unit selected from the group consisting of a repeating unit represented by Formula (1), a repeating unit represented by Formula (2), and a repeating unit represented by Formula (3) ((See paragraph 0014-0027, 0077, 0103; See claim 12 above for the structure of Formula (1), (2) and (3));
a content of the nitrogen-containing polymer is 0.1% by mass or more (paragraph 0094);
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178
351
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in Formula (1), L11 to L15 each independently represent a single bond or a divalent linking group,
X represents a divalent linking group containing a nitrogen atom,
R11 represents a monovalent substituent, in a case where a plurality of R11 are present, the plurality of R11 each independently represent a monovalent substituent, and
n1 represents an integer of 0 to 5,
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media_image2.png
184
208
media_image2.png
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n Formula (2), L21 represents a divalent linking group,
L22 represents a single bond or a divalent linking group,
R21 represents a hydrogen atom or a monovalent substituent, and
R22 represents a monovalent substituent containing a nitrogen atom,
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media_image3.png
166
221
media_image3.png
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n Formula (3), L31 represents a divalent linking group,
R31 and R32 each independently represent a monovalent substituent, and
A- represents a monovalent anion (See paragraph 0014-0027, 0077, 0103).
As to claim 19, Mizutani discloses a weight average molecular weight of the nitrogen-containing polymer is 500 or more and 50,000 or less, preferably 30,000 or less, preferably 20,000 or less (paragraph 0098-0100; within applicant’s range of “1,000 or more”) and;
the nitrogen-containing polymer contains a repeating unit having a structure selected from the group consisting of a primary amine structure, a secondary amine structure, a tertiary amine structure and quaternary ammonium salt structure (See paragraph 0011, 0024 0077, 0103).
Conclusion
8. 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.
9. 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.
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, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BINH X. TRAN
Examiner
Art Unit 1713
/BINH X TRAN/Primary Examiner, Art Unit 1713
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