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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on July 1, 2026, has been entered.
Information Disclosure Statement
The Information Disclosure Statement filed on July 1, 2026, has been considered. Reference cite no. 2 of the foreign patent documents has not been considered because it is unrelated to the instant invention. It appears that applicant intended to cite KR 2009-0044992 A, which has the application number of the patent crossed out on the IDS. KR 2009-0044992 A has been considered and is cited on the Notice of References Cited attached to this office action.
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 9 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 9, the members of the Markush group are unclear. Claim 9 appears to provide two groups, members of group (a) to lower the pH, and members of group (b) to raise the pH. However, as written this is not explicitly clear and requires that that members from both group (a) “and” group (b) be present in the composition. This rejection cold be overcome by dividing these into two separate Markush groups, or by merging all members into one Markush group without the boundaries between (a) and (b).
Allowable Subject Matter
Claims 1-2, 5, 10, 15-17, 19-20, 22-23, 33-36 are allowed. These claims remain allowable for the reason cited in the office action dated February 25, 2026.
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 2009-0044492 A is cited to show a CMP composition with mercaptobenzimidazole.
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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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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/ANITA K ALANKO/Primary Examiner, Art Unit 1713
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