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 Group I, Species A (claims 1-19) in the reply filed on 01/06/2026 is acknowledged.
3. Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/06/2026.
Claim Rejections - 35 USC § 102
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 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.
6. Claims 1, 3-5, 8-9, 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi et al. (JP 2012-227291 A).
As to claim 1, Takahashi discloses a treatment liquid comprising:
Polyvinylpyrrolidone (PVP) (corresponding to applicant’s “nitrogen-containing polymer; See paragraph 0010, 0029; Table 1);
Tetramethyl ammonium hydroxide (TMAH) (corresponding to applicant’s “quaternary ammonium hydroxide”; See paragraph 0020, 0022, Table 1);
Dimethyl sulfoxide or ethyl alcohol (See paragraph 0026; 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 0019);
Providing that polyalkyleneimine is excluded from the nitrogen-containing polymer.
As to claim 3, Takahashi discloses the organic solvent is between 3 to 49%, preferably 5 to 40% by mass with respect to a total mass of the treatment liquid (See paragraph 0027; within applicant’s range of 40 mass% or more).
As to claim 4, Takahashi discloses the organic solvent such as Dimethyl sulfoxide or ethyl alcohol which does not include a compound having an amide structure (See paragraph 0026).
As to claim 5, Takahashi discloses the organic solvent is ethyl alcohol, ethylene glycol, 2-butanol having at least one of a hydroxyl group (See paragraph 0026; Note; alcohol or glycol comprises hydroxyl group).
As to claim 8, Takahashi discloses a weight average molecular weight of the nitrogen-containing polymer is 400 to 300,000, preferably 5,000 to 90,000 (paragraph 0029; within applicant’s range of “1,000 or more”).
As to claims 9 and 11, Takahashi discloses the nitrogen-containing polymer is Polyvinylpyrrolidone. It is known in the arts that Polyvinylpyrrolidone has the formula structure as shown below
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(See evidence reference: Wikipedia, “Polyvinylpyrrolidone” via https://en.wikipedia.org/wiki/Polyvinylpyrrolidone
Therefore, Takahashi discloses the nitrogen-containing polymer contains a repeating unit having a structure selected from the group consisting of tertiary amine, corresponding to applicant’s formula (2)
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Wherein L21 represent a divalent linking group;
L22 represent a single bond;
Wherein R21 represent a hydrogen atom; L22 represent a single bond, and
R22 represents a monovalent substituent containing a nitrogen atom.
7. Claims 1, 4-13, 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)
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).
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 claims 6-7, Mizutani discloses the treatment liquid having a pH of 9 or more, preferable 11 or more (See paragraph 0131, read on applicant’s range “more than 7.0” in claim 6; or “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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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 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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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 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).
7. Claims 1-5, 13 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Liu (US 2019/0085240 A1)
As to claim 1, Liu 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).
As to claim 2, Liu discloses the treatment liquid is used for an object to be treated containing silicon germanium and silicon (See abstract, paragraph 0017).
As to claim 3, Liu discloses the content of organic solvent is between 0.5 wt% to 59.5 wt% with respect to ta total mass of the treatment liquid including example of 40 wt%, 44 wt%, 50 wt% or 59.5 wat% (paragraph 0044, within applicant’s range of “40 mass% or more” ).
As to claim 4, Liu discloses the organic solvent does not include a compound having an amide structure (See paragraph 0045).
As to claim 5, Liu discloses the organic solvent is alcohol, ethylene glycol, or propylene glycol having at least one of a hydroxyl group (See paragraph 0043; Note; alcohol or glycol comprises hydroxyl group).
As to claim 13, Liu discloses the a content of the nitrogen-containing polymer is 0.1 wt% to 1 wt% or 0.05 wt% to 2 wt% (paragraph 0045, 0052 within applicant’s range of “0.1 to 2.0 mass%”).
Claim Rejections - 35 USC § 103
8. 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.
8. 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.
10. Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani et al. (US 2016/0033856 A1) as applied to claims 1, 4-13, 16-19 and further in view of Liu (US 2019/0085240 A1).
As to claim 14, Mizutani discloses the organic solvent is a compound having at least one hydroxyl group (paragraph 0134; Note: alcohol or glycol comprises hydroxyl group). As to claim 14, Mizutani fails to disclose the content of organic solvent is 40 mass% or more with respect to a total mass of the treatment liquid. However, Mizutani discloses the treatment liquid comprises organic solvent (paragraph 0134). Liu discloses the treatment comprises 0.5 wt% to 59.5 wt% of organic solvent including example of 40 wt%, 44 wt%, or 50 wt% or 59.5 wt% (paragraph 0044). 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 40 mass% to 59.5 mass% of organic solvent because 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 15, Mizutani discloses the pH is 9 or more, preferably 10 or more, or 11 or more (paragraph 0131, within applicant’s range of “more than 7”). As to claim 15, Mizutani fails to disclose the content of organic solvent is 40 mass% or more with respect to a total mass of the treatment liquid. However, Mizutani discloses the treatment liquid comprises organic solvent (paragraph 0134). Liu discloses the treatment comprises 0.5 wt% to 59.5 wt% of organic solvent including example of 40 wt%, 44 wt%, or 50 wt% or 59.5 wt% (paragraph 0044). 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 40 mass% to 59.5 mass% of organic solvent because 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)).
Conclusion
16. 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