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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15, as to the point that the applied prior art Chien et al fail to teach “the printed particles have a positive charge of at least 10 mV in the liquid carrier”, 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.
Regarding the double patenting rejection, applicant’s argument is persuasive to overcome the rejection and therefore, the obviousness type double patenting rejection over co-pending application 18/882,142 is hereby withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 and 5-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0101865) in view of Bauer et al (US 2016/0362589).
Regarding claim 1, Zhang et al disclose a chemical mechanical polishing composition consists of, consists essentially of, or comprises a liquid carrier, cationic abrasive particles dispersed in the liquid carrier [0004]; The liquid carrier may include any suitable carrier (e.g., a solvent) including lower alcohols (e.g., methanol, ethanol, etc.), ethers (e.g., dioxane, tetrahydrofuran, etc.), water, and mixtures thereof. The liquid carrier preferably consists of, or consists essentially of, deionized water [0007]; and aforesaid abrasive particles reads on the claimed “printed particles”.
Zhang et al also disclose that the polishing composition may include cationic silica particles having a positive charge in the polishing composition of about 10 mV or more (e.g., about 15 mV or more, about 20 mV or more, or about 25 mV or more) [0011].
Zhang et al fails to teach the particles are fabricated by additive manufacturing.
However, in a product-by-process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production, If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); see MPEP 2113.
Additionally, Bauer et al disclose that a shaped abrasive particles are useful for various material removal operations including grinding, finishing, and polishing [0005]; and there is a need for improvement [0009]; wherein the particles may be obtained from a commercial source or fabricated. Some suitable processes used to fabricate the shaped abrasive particles can include, but is not limited to, additive manufacturing , such as 3D printing (see, [0005],[0069],[0070]; and aforesaid “3-D printing” reads on the claimed "direct ink writing” because, direct Ink Writing (DIW) is a specialized form of 3-D printing; and forming dimensionally stable phase of material is a material that can be formed to have a particular shape and substantially maintain the shape for at least a portion of the processing subsequent to forming [0071].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ Bauer et al's teaching of producing the shaped abrasive particles into the teaching of Zhang et al for achieving an improved abrasive particles with improved performance as suggested by Bauer et al [0083], [0107].
Regarding claim 2, Bauer et al disclose that suitable processes used to fabricate the shaped abrasive particles can include, but is not limited to, additive manufacturing , such as 3D printing (see, [0005],[0069],[0070]; and aforesaid “3-D printing” reads on the claimed "direct ink writing” because, direct Ink Writing (DIW) is a specialized form of 3-D printing.
Regarding claim 3, Zhang et al disclose that the abrasive particles can have an average particle size in a range from about 5 nm to about 200 nm (e.g., from about 20 nm to about 180 nm, from about 40 nm to about 160 nm, or from about 50 nm to about 150 nm) [0015], which encompasses the claimed dimension of the particles is between about 20 nm and about 200 nm.
Regarding claim 5, Bauer et al disclose that the finally-formed shaped abrasive particles can have particular two-dimensional shapes. For example, the body can have a two-dimensional shape, as viewed in a plane defined by the length and width of the body, and can have a shape including a polygonal shape, ellipsoidal shape [0097].
Regarding claim 6, Zhang et al disclose that the polishing composition may include about 0.01 wt. % or more abrasive particles at point of use [0016].
Regarding claim 7, Zhang et al disclose that the cationic silica particles having a permanent positive charge in the polishing composition may be obtained [0013].
Regarding claim 8, Zhang et al disclose that the cationic silica particles may alternatively have a non-permanent positive charge imparted thereto, for example, via contact with a cation-containing component (i.e., a positively charged species) in the liquid carrier[0014].
Regarding claim 9, Zhang et al disclose that the polishing composition has an acidic pH (i.e., less than 7). For example, the polishing composition can have a pH of less than 7 (e.g., less than about 5). For example, the pH may be greater than about 1 (e.g., greater than about 1.5 or greater than about 2, or greater than about 2.5) [0017], which overlaps the claimed range of a pH between about 2 and about 12. MPEP 2144.05.
Regarding claim 10, Zhang et al disclose that the polishing composition further comprises include an oxidizing agent; may comprises hydrogen peroxide [0025]; and aforesaid hydrogen peroxide reads on the claimed “at least one peroxy group”.
Regarding claim 11, Zhang et al disclose that examples of compounds containing at least one peroxy group include but are not limited to hydrogen peroxide and its adducts such as urea hydrogen peroxide and percarbonates, organic peroxides such as benzoyl peroxide, peracetic acid, and di-t-butyl peroxide, monopersulfates (SO.sub.5.sup.=), dipersulfates (S.sub.2O.sub.8.sup.=), and sodium peroxide [0025].
Regarding claim 12, Zhang et al disclose the oxidizing agent can be present in the polishing composition at a concentration of about 0.1 to about 20 wt. % [0026].
Regarding claim 13-14, Zhang et al disclose that the polishing composition further includes at least one compound that inhibits (or further inhibits) tungsten etching. Suitable inhibitor compounds alkyl ammonium ions, amino alkyls, and amino acids n having nitrogen containing functional groups such as nitrogen containing heteroycles, alkyl ammonium ions, amino alkyls, and amino acids [0027], [0028].
Regarding claim 15, Zhang et al disclose that the polishing composition further include additional additives, such as topography control agents, dispersants, and biocides [0039].
Regarding claims 16-17, without showing any criticality of using different particles physical properties and different sizes of the particles, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare the composition in different groups, namely first and second batch as Zhang et al disclose that the polishing composition may be prepared using any suitable techniques, many of which are known to those skilled in the art. The polishing composition may be prepared in a batch or continuous process [0040].
Additionally, Changes in size of an article were held to be obvious. In re Rose 105 USPQ 237 (CCPA 1955).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2024/0101865) in view of Bauer et al (US 2016/0362589) as applied to claim 1 above, and further in view of Valls Angles (US 2018/0318922).
Regarding claim 4, Modified Chien et al disclose above for the claim 1 but fail to disclose a standard deviation of a dimension of the printed particles is between about 1 nm and about 10 nm.
However, Valls Angles discloses additive manufacturing (AM) being used to prepare particulates [0017]; and depending on the importance of the metallic volume fraction in the AM particulates and the importance of the homogeneous mixing of the different metallic and in some cases polymer powders, narrow size distributions of the powders have to be used. In this sense the inventor has seen that it is desirable for a good close compacting to have a size distribution with a geometric standard deviation below 1.8, preferably below 1.4, more preferably below 0.8 and even more preferably below 0.4 [0938].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ Valls Angles's teaching of preparing particulates using additive manufacturing having desired standard deviation of a dimension of the particulates into the teaching of modified Zhang et al for compacting the particulates as suggested by Valls Angles.
Additionally, without showing any criticality of such it would have been obvious to optimize the standard deviation of the particle’s dimension for predictable result because the printed particles are fabricated by similar process condition as the instant invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAMIM AHMED whose telephone number is (571)272-1457. The examiner can normally be reached M-TH (8-5:30pm).
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SHAMIM AHMED
Primary Examiner
Art Unit 1713
/SHAMIM AHMED/Primary Examiner, Art Unit 1713
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