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 § 102
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 1-6, 8-12, 21, and 23 are rejected under 35 U.S.C. 102a1 as being anticipated by Koehler et al, US 2006/0110351.
Koehler et al teach a hair treatment comprising 2% perfluorooctyltriethoxysilane, 0.1% citric acid, 0.1% sorbic acid (2,4, hexadienoic acid) and the balance water (¶207, example 4), wherein these compositions have a preferred pH of from 3 to 6 (¶147). As this reference meets all material limitations of the claims at hand, the reference is anticipatory.
With respect to claim 23, any hair treatment must be put in contact with the hair and so this limitation is satisfied.
Claims 1-8, 21, and 23 are rejected under 35 U.S.C. 102a1 as being anticipated by Minou et al, US 2020/0323766.
Minou et al teach a shampoo comprising 0.5% 3-aminopropyl trimethoxysilane, 0.16% lactic acid, and the balance water, wherein the composition has a pH of 7 (¶411, example A1). As this reference meets all material limitations of the claims at hand, the reference is anticipatory.
With respect to claim 23, any shampoo must be put in contact with the hair and so this limitation is satisfied.
Claims 1-6, 8, 13-15, 21, and 23 are rejected under 35 U.S.C. 102a1 as being anticipated by Avery et al, US 5,411,585.
Avery et al teach a disinfecting solution comprising 0.15% 3-trimethoxysilyl propyldimethyloctadecyl ammonium chloride, 0.1% EDTA, 0.64% citric acid, and the balance water, wherein the composition has a pH of 9 (col. 16, example 1). As this reference meets all material limitations of the claims at hand, the reference is anticipatory.
With respect to claim 23, any disinfectant solution must make contact with a surface and so this limitation is satisfied.
Claims 1-8, 21, and 23 are rejected under 35 U.S.C. 102a1 as being anticipated by Visintin et al, US 2010/0163788.
Visintin et al teach a composition for cleaning post etch residue comprising 0.29% TEOS, 2.44% ascorbic acid, and the balance water, wherein the composition has a pH of 2.9 (¶72, formulation N). As this reference meets all material limitations of the claims at hand, the reference is anticipatory.
With respect to claim 23, any liquid for removing post etch residue must be put in contact with a surface and so this limitation is satisfied.
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.
Claims 1-6, 8-15, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Koehler et al, US 2006/0110351.
Koehler et al are relied upon as set forth above. Acids, such as citric acid, as found in example 4, are added to adjust the pH to a preferred pH of from 3 to 6 (see again ¶147). Another hair treatment includes 1% perfluorooctyltriethoxysilane, 0.2% EDTA (an aminocarboxylate), and the balance water (¶212, example 9). It would have been obvious for one of ordinary skill in the art to add citric acid to example 9 with confidence of forming an effective hair treatment as citric acid is a preferred pH adjuster of the invention as evidenced in example 4.
Claims 1-8, and 13-23 are rejected under 35 U.S.C. 103 as being unpatentable over Visintin et al, US 2010/0163788.
Visintin et al are relied upon as set forth above. The residues removed include Ti-containing, W-containing, Cu-containing, and Co-containing residues (¶57). It would have been obvious for one of ordinary skill in the art to remove these metal residues with the post etch residue cleaner of the reference as this is precisely the purpose for which it is designed. With respect to claims 13-20, EDTA and polyacrylate polymers are suitable additives of the invention to aid in residue removal (¶67-68). It would have been obvious for one of ordinary skill in the art to add these well-known components to the residue remover composition of formulation N with confidence of forming an effective post etch residue cleaner as these components are taught as suitable by the reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Acids are of course, ubiquitous in detergent compositions, and silanes are present in a wide range of compositions, including personal cleansers and hard surface cleansers. The cited prior art will anticipate at least present claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES I BOYER whose telephone number is (571)272-1311. The examiner can normally be reached M-S 10-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 5712722817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES I BOYER/Primary Examiner, Art Unit 1761
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