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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9, in the reply filed on May 21, 2026 is acknowledged.
Claims 10-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 May 21, 2026.
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.
Claims 1-9 are 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.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “an oxoacid having an acid dissociation constant pKa of less than 5.0” in claim 1. This limitation renders the claim vague and indefinite, since it is unclear what pKa value of the acid must be less than 5. Is it only pKa1 or does it also include pKa2 for the oxoacid? Claims 2-9 are included in this rejection for being dependent upon claim 1. Appropriate correction and/or clarification is required.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for containing the limitation “wherein the value of pH of the cleaning solution is 5.0 or less” in claim 2. This limitation renders the claim vague and indefinite, since claim 1, from which claim 2 depends from, requires a pH value smaller than 5. Accordingly, the examiner asserts that the upper pH value of 5.0 is indefinite. Appropriate correction and/or clarification is required.
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.
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 1-9 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bernhard et al, WO 2007/027522.
Bernhard et al, WO 2007/027522, discloses a thick film photoresist and/or residue removal composition comprising at least one organic acid, at least one organic solvent, and water (see abstract and paragraph 12). It is further taught by Bernhard et al that the composition contains 1-25% by weight of an organic acid, 5-95% by weight of an organic solvent, 1-50% by weight of water, 0-10% by weight of a chelating agent, 0-10% by weight of a surfactant, and 0-10% by weight of a buffer (see paragraph 32), that the composition has a pH value of 0-3 (see paragraph 39), that suitable organic acids include oxalic acid and malonic acid (see paragraph 40), that suitable organic solvents include ketones, glycol ethers, sulfones, and N-methyl pyrrolidone (see paragraph 41), and that suitable chelating agents include triazoles and imidazoles (see paragraph 43), per the requirements of the instant invention. Specifically, note Examples 2V and 2W, which disclose compositions comprising 20% by weight of water, 37.5% by weight of tetramethylene sulfone, 37.5% by weight of diethylene glycol methyl ether and either oxalic acid (Example 2V; pKa 1.23) or malonic acid (Example 2W; pKa 2.83) as the organic acid. Therefore, instant claims 1-9 are anticipated by Bernhard et al, WO 2007/027522.
In the alternative that the above disclosure is insufficient to anticipate the above listed claims, it would have nonetheless been obvious to the skilled artisan to produce the claimed composition, as the reference teaches each of the claimed ingredients within the claimed proportions for the same utility.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached on 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
June 2, 2026
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