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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 8, 2026, has been entered.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 7-11, 14-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al (TW 20219738 A).
For purposes of the rejection, reference is made to an English language equivalent, EP 4039760 A1.
As to claim 7, Taniguchi discloses polishing composition (abstract) comprising an abrasive [0026], a basic compound [0032], and water [0059], wherein:
the polishing composition comprises a globular abrasive as the abrasive [0026] as the abrasive,
the polishing composition further comprises an alkali metal salt [0038],
a weight ratio of a content CAMS of the alkali metal salt to a content CSA of the globular abrasive is 0.01 parts by weight or more [0040] and varying ranges including 40 parts by weight or less [0040]. Theses ranges overlap with the cited range.
Taniguchi discloses that the weight ratio of CAMS:CSA from the viewpoint of bump cancellation ability and dispersion stability [0040]. Accordingly, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the cited content ratio of CAMS:CSA in the composition of Taniguchi because Taniguchi teaches that they can be varied to optimize bump cancellation ability and dispersion stability.
As to the weight ratio of the content CAMS of the alkali metal salt to a content CB of the basic compound, Taniguchi teaches that the content of the alkali metal salt may comprise ranges of 0.01 wt% or more, and 10 wt% or less [0039] relative to the entire weight of the composition, again optimized according to bump cancellation ability and dispersion stability [0039]. Taniguchi also teaches that the content of the basic compound ranges from 0.01 wt% or more and 2 wt% or less [0035]. Taniguchi teaches to vary the content of the basic compound to optimize polishing removal rate, bump cancellation ability, and stability of the polishing composition [0035]. These provide ranges of 0.01-10 wt% relative to 0.01-2 wt%, which while relative to the entire composition, is expected to provide ranges within the cited range relative to one another.
Accordingly, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the cited content ratio of CAMS:CB in the composition of Taniguchi because Taniguchi teaches that they can be varied to optimize bump cancellation ability, dispersion stability and stability of the polishing composition.
As to claim 8, Taniguchi discloses that the globular abrasive has an average aspect ratio 1.0 or more, or 3.0 or less [0027], preferably 1.3 or less [0027], which encompasses the cited range. The method of determining the average aspect ratio includes SEM image analysis [0028].
As to claim 9, Taniguchi discloses that the globular abrasive is silica particles [0018].
As to claim 10, Taniguchi discloses that the average primary particle diameter of the globular abrasive is 10 – 200 nm [0022], which overlaps with the cited range. Prior art which teaches a range overlapping, approaching or touching the claimed range anticipates if the prior art range discloses the claimed range with sufficient specificity, see MPEP 2131.03. The (i) largely overlapping ranges, (ii) Taniguchi and the instant invention both use the abrasive for the same purpose of a polishing composition, and (iii) lack of criticality of the size, together show that the full range is taught with sufficient specificity.
As to claim 11, Taniguchi discloses that the alkali metal salt comprises an inorganic acid salt [0038].
As to claim 14, Taniguchi teaches that the polishing composition may further comprise a quaternary ammonium [0033] as the basic compound.
As to claim 15, Yoshizaki teaches that the polishing composition is used in a polishing step for an object to be polished, the object containing a silicon material [0079]. This limitation is given little patentable weight because the composition is defined by its structure, not by its intended use. The composition of Yoshizaki is capable of polishing silicon material.
As to claim 18, Taniguchi teaches that polymers are optional [0061], and therefore not required in the polishing composition
As to claims 19-20, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the cited content ratios in the composition of Taniguchi because Taniguchi teaches that they can be varied to optimize bump cancellation ability, dispersion stability and stability of the polishing composition.
Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al (TW 20219738 A), as applied to claim 7, and further in view of Yoshizaki et al (JP 2020/025066 A).
As to claim 12, Taniguchi fails to explicitly disclose the inorganic acids. In another embodiment, Taniguchi teaches sulfuric acid as a useful inorganic acid [0066]. Sulfate salts are well known. Yoshizaki teaches a polishing composition similar to Taniguchi comprising an abrasive [0019], a basic compound [0051], and water [0044]. Yoshizaki teaches an inorganic acid salt may comprise a sulfate [0037].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide a sulfate salt as cited in the composition of Taniguchi because Yoshizaki teaches that it is a useful salt for polishing compositions.
As to claim 17, see the rejections of claims 12 and 14.
Response to Amendment
Applicant’s arguments, see pages 4-8, filed September 8, 2026, with respect to the rejection over Yoshizaki are persuasive. The rejections of the claims have been withdrawn.
The claims are newly rejected over Taniguchi. Taniguchi fairly teaches the claimed invention as described above.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/Primary Examiner, Art Unit 1713
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