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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 10, lines 2-3, the terms “the silicon nitride” and “the polycrystalline silicon” lack proper antecedent basis. It appears that claim 10 should depend from claim 9.
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.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al (US 2022/0348791 A1).
Suzuki discloses a polishing composition (see abstract) comprising
abrasive grains having a negative zeta potential (“a negative zeta potential regardless of surface modification…larger absolute value of zeta potential than unmodified abrasive grains” [0022]) in the polishing composition, and
a polyalkylene oxide compound represented by formula (1) (see Formula (I) of Suzuki, [0032]), wherein R1 and R3 represent a hydrogen atom; R2 represents an alkylene group having 2-12 carbon atoms [0035], which includes the cited number of 4 carbon atoms (e.g., polybutylene glycol, [0039]), and n is within the cited range (because the molecular weight is 300 or higher, [0042]),
and having a pH of less than 6 [0120], which is within the cited range.
As to claim 2, Suzuki discloses polybutylene glycol [0039], which is polytetramethylene oxide.
As to claim 3, Suzuki discloses a weight-average molecular weight of 3000 or lower [0042].
As to claim 4, Suzuki discloses that abrasive grains are contained in an amount of 0.01% by mass or higher, or particularly preferably 0.5% by mass or higher [0029], and 20% by mass or lower, more preferably 10% by mass or lower [0029]. This range overlaps with the cited range and discloses the claimed range with sufficient specificity. MPEP 2131.03.
As to claim 5, Suzuki discloses an average secondary particle size of 20 nm or more [0026] and particularly preferably 100 nm or smaller [0026]. This range overlaps with the cited range and discloses the claimed range with sufficient specificity. MPEP 2131.03.
As to claim 6, Suzuki discloses that the abrasive grains are an anion-modified colloidal silica [0023].
As to claim 7, Suzuki discloses a pH is particularly preferably 2 or more [0121] and preferably 5 or less [0121].
As to claim 8, Suzuki discloses to include an organic acid or an inorganic acid as a pH adjusting agent [0114].
As to claim 9, Suzuki discloses that the object to be polished contains silicon nitride and polycrystalline silicon [0135]. This limitation is given little patentable weight because the polishing composition of Suzuki is capable of being used in applications where an object to be polished contains silicon nitride and polycrystalline silicon.
As to claim 10, the ratio of polishing rates is a method limitation of intended use that is given little patentable weight in composition claims. The composition of Suzuki is the same as that claimed, and therefore the same results are expected. MPEP 2112.01 II.
As to claim 11, Suzuki discloses polishing an object containing silicon nitride and polycrystalline silicon [0135].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yoshizaki et al (US 2022/0298380 A1) is cited to show a similar polishing composition but with cationically modified silica.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA K ALANKO whose telephone number is (571)270-0297. The examiner can normally be reached Monday-Friday, 9 am-5pm.
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/ANITA K ALANKO/Patent Examiner, Art Unit 1713