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 .
The response of the applicant has been read and given careful consideration. Rejection not repeated below are withdrawn based upon the arguments and amendment of the applicant. Responses to the arguments are presented after the first rejection they are directed to. The oath was received on 12/15/2025 and has been made of record. The applicant should filed a Power of Attorney (POA) explicitly authorizing Schwegman, Lundberg & Woesser, PA to act on his behalf.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 1,2,4-7 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. 20170184973, in view of Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021), Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) , Zhou CN 202786064, Saotome JP 2002-363135 and Painter et al., CA 2762593.
Yamanaka et al. 20170184973 distills butyl acetate in the preparation of organic treatment liquid 1, followed by filtration through a PTFE filter with a pore size of 50 nm to yield a resist developer [0299-0301]. This was evaluated in example 1-8 for particles using 5 ml of the solution and metal impurities, including Na, K, Ca, Fe, Cu, Mg, Mn, Li, Al, Cr, Ni, and Zn and the result are shown in table 1 (partially reproduced below).
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Target metal as metal impurities was set as 12 elements of Na, K, Ca, Fe, Cu, Mg, Mn, Li, Al, Cr, Ni, and Zn, prepared standard solutions for metal analysis of 0 ppb, 5 ppb, and 10 ppb were measured by an inductive coupling plasma mass spectrometer (ICP-MS device) Agilent 8800 manufactured by Agilent Technologies Japan, Ltd., so as to draw a metal concentration calibration curve [0314]. It is preferable that other (other than the organic treatment liquid according to the invention) various materials (for example, resist solvent, composition for forming antireflection film, and composition for forming top coat) used in the resist composition according to the invention and the pattern forming method according to the invention do not include impurities such as metal. The content of the impurities included in these materials is preferably 1 ppm or less, more preferably 10 ppb or less, even more preferably 100 ppt or less, and particularly preferably 10 ppt or less. Impurities are not substantially included (a detection limit of a measuring device or less) are most preferable [0285]. It appears that the units of the metal impurity concentration should be ppb not ppm, based upon some of the values being above 1 ppm and outside the preferred range [0285] and the standards used in the analysis and preparation of the calibration curve containing 0, 5 and 10 ppb of the metals. The measured values would have to be bounded by the standards used in the calibration curve to ensure accurate determination of the metal content. The addition of a surfactant to the developer is disclosed [0053-0055]. Examples of monohydric alcohol used in the rinse step include linear, branched, and cyclic monohydric alcohols. Specific examples thereof include 1-butanol, 2-butanol, 3-methyl-1-butanol, tert-butyl alcohol, 1-pentanol, 2-pentanol, 1-hexanol, 4-methyl-2-pentanol (aka MIBC), 1-heptanol, 1-octanol, 2-hexanol, cyclopentanol, 2-heptanol, 2-octanol, 3-hexanol, 3-heptanol, 3-octanol, and 4-octanol. Examples of the particularly preferable monohydric alcohol having 5 or greater carbon atoms include 1-hexanol, 2-hexanol, 4-methyl-2-pentanol, 1-pentanol, and 3-methyl-1-butanol [0158]. As the organic developer, a polar solvents such as a ketone-based solvent, an ester-based solvent, an alcohol-based solvent, an amide-based solvent, and an ether-based solvent and a hydrocarbon-based solvent can be used. Examples of the ketone-based solvent include 1-octanone, 2-octanone, 1-nonanone, 2-nonanone, acetone, 2-heptanone (methyl amyl ketone), 4-heptanone, 1-hexanone, 2-hexanone, diisobutyl ketone, cyclohexanone, methylcyclohexanone, phenylacetone, methyl ethyl ketone, methyl isobutyl ketone, acetyl acetone, acetonyl acetone, ionone, diacetonyl alcohol, acetyl carbinol, acetophenone, methylnaphthyl ketone, isophorone, and propylene carbonate. Examples of the ester-based solvent include methyl acetate, butyl acetate, ethyl acetate, isopropyl acetate, pentyl acetate, isopentyl acetate, amyl acetate, propylene glycol monomethyl ether acetate, ethylene glycol monoethyl ether acetate, diethylene glycol monobutyl ether acetate, diethylene glycol monoethyl ether acetate, ethyl-3-ethoxypropionate, 3-methoxybutyl acetate, 3-methyl-3-methoxybutyl acetate, methyl formate, ethyl formate, butyl formate, propyl formate, ethyl lactate, butyl lactate, propyl lactate, methyl 2-hydroxyisobutyrate, isobutyl isobutyrate, butyl butanoate, isoamyl acetate, and butyl propionate [0043-0045]
Example 10 uses a pattern exposure was performed on Resist Film 1 formed of Resist Composition I-1 in Table 2 coated on a silicon wafer via a halftone mask by using an ArF excimer laser immersion scanner [manufactured by ASML US, Inc.; XT1700i, NA 1.20, Dipole (outer δ: 0.981/inner δ: 0.895), Y deflection]. Ultrapure water was used as the immersion liquid. Thereafter, baking was performed at 105° C. for 60 seconds. Subsequently, development was performed for 30 seconds with butyl acetate of Example 4 as a developer, and rinse was performed with freshly distilled methylisobutylcarbinol (MIBC) above for 20 seconds, so as to form a pattern ([0338,0343], table 3). Examples 13-17 are similar.
Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021) teaches the bioproduction of butyl acetate as a solution to the fossil energy crisis (abstract). Figure 2 shows the preferential production of butyl acetate. Figure 1 and 3 show the reaction.
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The reaction involves the use of fermentation to convert of butyl alcohol and acyl-CoAS into butyl acetate and butyl butyrate.
Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) establishes in table 1, the relative amounts of products form the use of solventogenic clostridia as an excellent microbial platform for BA production from acyl-CoAs (acetyl-CoA and butyryl-CoA), fatty acids (acetate and butyrate), and alcohols (ethanol and butanol) either as intermediates or end-products. Through systematic genome engineering we developed a specific strain, C. saccharoperbutylacetonicum FJ-1201, with potential yields of 20.3 g/L BA using monosugars (glucose and xylose) which could be generated from lignocellulosic biomass as the substrate in an extractive batch fermentation process with n-hexadecane as the extractant using the process of Feng et al. (reference [22]). After fermentation, the SBA that results is a mixture of NBA and various by-products as listed in Table 1.
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Zhou CN 202786064 (machine translation attached) describes the use of ultrapure butyl acetate as a resist developer [0002]. With the continuous development of electronic technology field, the purity requirement of the electronic chemicals is increasingly improved. current common adopted butyl purifying method comprises the following steps: industrial butyl acetate is washed by anhydrous sodium carbonate is directly used, the rectifying device mainly comprises a rectifying tower and a microfilter, but anhydrous sodium carbonate in the process route directly in a rectifying tower kettle, rectifying after sodium carbonate from the tower bottom outlet, but less liquid in the kettle, the solids discharge working after the rectifying end needs to consume a certain time, production efficiency of the whole production line is low. Therefore, it is necessary to improve the existing butyl purifying device [0003]. This embodiment is an ultra-pure butyl acetate of purifying device, comprising a rectifying tower is connected with storage tank I of 4, with high boiler outlet is set at the bottom of the rectifying tower 4, rectification tower 4 is further provided with a top outlet. rectifying tower 4 outlet through pipeline connected with condenser 5, quality mixing tank 10, 6 and product tank 7 connect in series, storage tank I and rectifying tower 4 are orderly connected with the pre-treatment reactor 2 and filter 3. The outlet filter 3 feeding port of the rectifying tower 4 through pipeline; feeding port of the rectifying tower 4 is provided with a seal valve 9. wherein the connection filter 3 outlet and pretreatment reaction kettle 2 entrance of pipeline is connected with a stainless steel pump 8. wherein the pre-reaction kettle 2 is steam heating reaction kettle. wherein, 6 micro-filtration membrane aperture. 0.05-0. 10 microns. wherein, rectifying tower 4 and condenser 5 is made of quartz glass. industrial butyl acetate in the pre-treatment reactor 2, esterification reaction and oxidation reaction in the raw material alcohol and unsaturated substance in the pre-treatment reactor 2. then processing primary filtration in the butyl acetate into filter 3, then through the stainless steel pump 8 pumped into rectifying tower distillation according to claim 4, when the temperature and pressure reaches the set value collecting out butyl acetate steam by a condenser 5 condensing, mixing tank 10 to mix the quality inspection, extracting the sample checking the product quality. then for 6, filter, to obtain ultra-pure butyl acetate product is put into the product tank 7. wherein the quality inspection mixing between the tank and pump set, the micro-filtration membrane two side pressure difference is formed, fast filter speed, and ensure the production efficiency [0015-0021]
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Painter et al. CA 2762593 teaches the use of the carbon 14 in ASTM standards to verify the amount of bioderived content is disclosed (page 6/line 1 to page 7/line 12)). The use of bioderived solvents including bio-derived butyl acetate is disclosed. The preference for solvents from natural sources rather than solvents from synthetic petrochemical sources. Bio-derived solvents can be produced from renewable resources, even if not directly available from the renewable resource. In cases where the bio-solvent is not directly available from the renewable resource, the component that can be derived from the renewable resource may need to undergo one or more chemical reactions and/or purification steps to form the desired bio-derived solvent (page 45/line 10-46/28). the term "bio-derived" means derived from or synthesized by a renewable biological feedstock, such as, for example, an agricultural, forestry, plant, bacterial, or animal feedstock. Thus, "bio-derived compounds" typically are compounds produced from a naturally occurring substance obtained from a plant, animal, or microbe, and then modified via chemical reaction (page 3/lines 23-30). The use of higher alcohols having one or more carbon atoms. For example, bio-derived methanol, bio-derived ethanol, isomers of bio-derived propanol, isomers of bio-derived butanol, isomers of bio-derived pentanol, isomers of bio-derived hexanol, bio-derived cyclopentanol, bio-derived ethylene glycol, bio-derived 1,3-propanediol, bio-derived 1,2-propanediol, bio-derived 1,4-butane diol, bio-derived 2-methyl-1,4-butanediol, bio-derived 1,4-pentanediol,bio-derived 1,5-pentanediol, bio-derived glycerol, bio-derived isobutyl alcohol, and others (46/29-47/6)
Saotome JP 2002-363135 (machine translation attached) teaches the purification of bio-based, fermented ethyl lactate to reduce the acidity and UV absorbance so it can be used as a solvent for a photoresist [0001-0002]. Example 1 treats fermented ethyl lactate having a purity of 99.86% by adding p-phenetidine and distilling in three stages to yield ethyl lactate with a 99.97% purity, an ethanol content of 70 ppm and a UV absorbance of 0.3 [00140015]. Example 2 yielded ethyl lactate with a 99.96% purity, an ethanol content of 62 ppm and a UV absorbance of 0.5 [0016]. The other examples are similar [0017-0019].
With respect to claims 1,2,4-7,9,10 and 13-16, it would have been obvious to one skilled in the art to modify the process of the cited examples of Yamanaka et al. 20170184973 by forming the n-butyl acetate to be used in the preparation of the organic treatment liquid 1 (developer) prior to the distillation using a bio-derived n-butyl acetate such as that taught by Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021) which is formed by fermentation to produce n-butanol which is then used to produce n-butyl acetate with the benefit that the source/feedstock is a renewable material as discussed in Painter et al. CA 2762593, noting that purification such as the distillation/rectification taught in Yamanaka et al. 20170184973 and Zhou CN 202786064 is necessary due to the impurities in the hexadecane solution evidenced in Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) with a reasonable expectation of removing the metals, the other impurities from the developer and forming a useful resist pattern, noting that Saotome JP 2002-363135 establishes that it is known in the photoresist art to use organic solvents (ethyl acetate) produced by fermentation.
With respect to claims 1,2,4-7 and 9-16, it would have been obvious to one skilled in the art to modify the process of the cited examples of Yamanaka et al. 20170184973 by forming the n-butyl acetate to be used in the preparation of the organic treatment liquid 1 (developer) prior to the distillation using a bio-derived n-butyl acetate such as that taught by Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021) which is formed by fermentation to produce n-butanol which is then used to produce n-butyl acetate with the benefit that the source/feedstock is a renewable material as discussed in Painter et al. CA 2762593, noting that purification such as the distillation/rectification taught in Yamanaka et al. 20170184973 and Zhou CN 202786064 is necessary due to the impurities in the hexadecane solution evidenced in Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) and adding the surfactant disclosed at [0053-0055] of Yamanaka et al. 20170184973 with a reasonable expectation of removing the metals, the other impurities from the developer and forming a useful resist pattern, noting that Saotome JP 2002-363135 establishes that it is known in the photoresist art to use organic solvents (ethyl acetate) produced by fermentation.
With respect to claims 1,2,4-7,9,10 and 13-20, it would have been obvious to one skilled in the art to modify the process of the cited examples of Yamanaka et al. 20170184973 by forming the n-butyl acetate to be used in the preparation of the organic treatment liquid 1 (developer) prior to the distillation using a bio-derived n-butyl acetate such as that taught by Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021) which is formed by fermentation to produce n-butanol which is then used to produce n-butyl acetate with the benefit that the source/feedstock is a renewable material as discussed in Painter et al. CA 2762593, noting that purification such as the distillation/rectification taught in Yamanaka et al. 20170184973 and Zhou CN 202786064 is necessary due to the impurities in the hexadecane solution evidenced in Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) and the replacing the MIBC rinse agent with a bio-derived hexanol which is also subjected to distillation before use such as that taught by Painter et al. CA 2762593 based upon the disclosure of 1-hexanol and 2-hexanol as rinse agents in Yamanaka et al. 20170184973 at [0158] with a reasonable expectation of removing the metals, the other impurities from the developer and forming a useful resist pattern, noting that Saotome JP 2002-363135 establishes that it is known in the photoresist art to use organic solvents (ethyl acetate) produced by fermentation.
With respect to claims 1,2,4-7 and 9-20, it would have been obvious to one skilled in the art to modify the process of the cited examples of Yamanaka et al. 20170184973 by forming the n-butyl acetate to be used in the preparation of the organic treatment liquid 1 (developer) prior to the distillation using a bio-derived n-butyl acetate such as that taught by Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021) which is formed by fermentation to produce n-butanol which is then used to produce n-butyl acetate with the benefit that the source/feedstock is a renewable material as discussed in Painter et al. CA 2762593, noting that purification such as the distillation/rectification taught in Yamanaka et al. 20170184973 and Zhou CN 202786064 is necessary due to the impurities in the hexadecane solution evidenced in Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021), adding the surfactant disclosed at [0053-0055] of Yamanaka et al. 20170184973 and the replacing the MIBC rinse agent with a bio-derived hexanol which is also subjected to distillation before use such as that taught by Painter et al. CA 2762593 based upon the disclosure of 1-hexanol and 2-hexanol as rinse agents in Yamanaka et al. 20170184973 at [0158] with a reasonable expectation of removing the metals, the other impurities from the developer and forming a useful resist pattern, noting that Saotome JP 2002-363135 establishes that it is known in the photoresist art to use organic solvents (ethyl acetate) produced by fermentation.
In the response of 6/6/2025, the applicant argues that Yamada et al. teaches a preference for metal concentrations below 3 ppm at [0035] and argues that the examiner’s position that the data in table 1 should be ppb not the recited ppm. The applicant argues that there is insufficient evidence to draw such as conclusion. The examiner disagrees, pointing out that the calibration curve is based upon standard solutions with 0, 5 and 10 ppb , which would have to embrace the test/unknown values to yield a proper calibration curve. The examiner points to the language “It is preferable that other (other than the organic treatment liquid according to the invention) various materials (for example, resist solvent, composition for forming antireflection film, and composition for forming top coat) used in the resist composition according to the invention and the pattern forming method according to the invention do not include impurities such as metal. The content of the impurities included in these materials is preferably 1 ppm or less, more preferably 10 ppb or less, even more preferably 100 ppt or less, and particularly preferably 10 ppt or less. Impurities are not substantially included (a detection limit of a measuring device or less) are most preferable.” at [0285], “10 mL of N-methyl pyrrolidone (NMP) was added to 10 μL of ICP universal mixture liquid XSTC-622 (35 elements) manufactured by SPEX CertiPrep. that was prepared such that concentrations of the respective elements were 10 ppm and diluted, so as to prepare a standard solution for 10 ppb for metal analysis.” at [0312] and “Target metal as metal impurities was set as 12 elements of Na, K, Ca, Fe, Cu, Mg, Mn, Li, Al, Cr, Ni, and Zn, prepared standard solutions for metal analysis of 0 ppb, 5 ppb, and 10 ppb were measured by an inductive coupling plasma mass spectrometer (ICP-MS device) Agilent 8800 manufactured by Agilent Technologies Japan, Ltd., so as to draw a metal concentration calibration curve”
The teachings of desirability for ppb or sub-ppb (ppt) concentrations of the metals is clear in the reference.
The applicant states that Yamanaka et al. does not teach the low alkane content recited. It is not clear that alkanes, n-butanol, isopropanol and ethyl acetate are an issue with the butyl acetate of Yamanaka et al.. which is petroleum derived. Feng et al. describes the fermentation to convert of butyl alcohol and acyl-CoAS into butyl acetate and butyl-butyrate and it would be reasonable to purify the n-butyl acetate to remove the precursors and the butyl butyrate to yield the purified n-butyl acetate solvent and Yamanaka et al. supports the desire for purification, particularly the disclosure of filtration and control of the metal content. It would be unreasonable to suggest that the reaction products of Feng et al. would be used as solvents without purification in view of the direction to the solvents needing to be exceptionally pure in Yamanaka et al.
The applicant argues that the purification requires extraction using n-hexadecane to be economically viable and that this has to be removed to avoid poisoning the semiconductor manufacturing process. Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) supports this argument. The examiner has added this to support distillation/purification and filtration of Yamanaka et al. and Zhou CN 202786064 after the extraction of n-butyl acetate using hexadecane. It would be reasonable to purify the n-butyl acetate to remove the precursors and the butyl butyrate to yield the purified n-butyl acetate solvent and Yamanaka et al. and Zhou CN 202786064 supports the desire for purification, particularly the disclosure of filtration and control of the metal content. It would be unreasonable to suggest that the reaction products of Feng et al. would be used as solvents without purification in view of the direction to the solvents needing to be exceptionally pure in Yamanaka et al. and Zhou CN 202786064.
The applicant argues that the bio-based butyl acetate is produced in a mass fraction of 94.3% or greater. This is a benefit in the production, but not the use of the purified solvent as there are no artifacts from the high efficiency this in the resultant purified solvent. Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) establishes that this is inherent in the process of Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages).
In the response of 12/08/2025, the applicant argues that Yamanaka et al. fails to teach limitations of particles having sizes of 0.15 microns or less per milliter. The examiner disagrees, pointing out that the filters used have pore sizes of 0.1 microns or less, preferably 0.05 microns or less and most preferably 0.03 microns or less and describes the use of multiple filters in line/series [0284]. 5 ml or butyl acetate was coated upon a spinning wafer and the number or particles observed was 0 or 1 particle in inventive compositions 1-9 (see table 1). This establishes that the number of particles is addressed in the reference. The examiner notes that the applicant disagrees with the examiner regarding the ppm being in error (it should be ppb). A review of the entire teachings of the reference including the ppb ranges used for the standards in the analysis of the metal content was made by the examiner and the examiner is confident that the values reported in table 1 should have ppb units to be within the ppb ranges of the concentration of metals standards used in the analysis. It makes no sense to describe the standards, for forming a calibration curve useful in the metals analysis and not properly use it by using it for concentrations outside the calibration curve. The examiner points to the distillation (rectifying towers) to remove other solvents and other organic compounds (alkanes) from the n-butyl acetate when discussing the teachings of Yamanaka et al. 20170184973, Zhou CN 202786064 and Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021). The applicant argues that Yamanaka et al. 20170184973 does not teach the low concentration of other solvents/organic compounds in the butylacetate. The examiner points to the distillation used to remove the other solvents which is discussed at length at [0071-0074,0299-0303] of Yamanaka et al. 20170184973 including its use in the examples. Painter et al., CA 2762593 and Saotome JP 2002-363135 clearly establish that there is ample motivation to shift from petroleum based solvents to biologically produced (fermented) solvents in photolithography and the benefits of doing so, so the other references do not need to show that aspect. The motivation for using high purity n-butyl acetate as a solvent is clear from its demonstrated use as a developer in Yamanaka et al. 20170184973. The motivation of use bio based versions of n-butyl acetate flows from the known ability to synthesize n-butyl acetate using biological processes from renewable sources in Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021), Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) , Zhou CN 202786064 and Painter et al., CA 2762593 and the desire to more to more sustainable solvent sources in Painter et al., CA 2762593 and Saotome JP 2002-363135.
The examiner has relied only upon the teaching form the references which are available as prior art and any assertions of impermissible hindsight is without merit. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Claims 1,2 and 4-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. 20170184973, in view of Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages), Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) , Zhou CN 202786064, Saotome JP 2002-363135, Painter et al., CA 2762593, further in view of Courtland, “Intel now packs 100 million transistors in each square millimeter”, IEEE Spectrum (9 pages) (03/2017) and Freedman, “3-D transistors” MIT Technology Review 2 pages (04/25/2012).
Courtland, “Intel now packs 100 million transistors in each square millimeter”, IEEE Spectrum (9 pages) (03/2017) establishes that in 2017 Intel had achieved more than 100 million transistors/mm2.
Freedman, “3-D transistors” MIT Technology Review 2 pages (04/25/2012) establishes that in 2012 Intel made chips with transistor densities of 8.75 million transistor/mm2. It was estimated that by 2017, they would be producing chips with about 30 million transistors/mm2.
The combination of Yamanaka et al. 20170184973, Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages), Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) , Zhou CN 202786064, Saotome JP 2002-363135 and Painter et al., CA 2762593 fails to teach the formation of more than 30,000,000 transistors/mm2
Courtland, “Intel now packs 100 million transistors in each square millimeter”, IEEE Spectrum (9 pages) (03/2017) and Freedman, “3-D transistors” MIT Technology Review 2 pages (04/25/2012) evidence that techniques for forming 30 million transistors/mm2 were known approximately 8 years ago. The position of the examiner is that it would have been obvious to one skilled in the art to modify the processes rendered obvious by the combination of Yamanaka et al. 20170184973, Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021), Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) , Zhou CN 202786064, Saotome JP 2002-363135,and Painter et al., CA 2762593 to form semiconductor devices with 30 million transistors/mm2 as this would have been well within the skill level of one of ordinary skill in the art before the invention of the instant application was made based upon the evidentiary teachings of Courtland, “Intel now packs 100 million transistors in each square millimeter”, IEEE Spectrum (9 pages) (03/2017) and Freedman, “3-D transistors” MIT Technology Review 2 pages (04/25/2012).
Claims 1,2,4-7 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. 20170184973, in view of Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021), Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) , Zhou CN 202786064, Saotome JP 2002-363135 and Painter et al., CA 2762593, further in view of Zebroski 20210131031.
Zebroski 20210131031 teaches processes and systems for biomass impregnation to improve the conversion to sugars, chemicals, fuels and materials. The fermentation product may include an oxygenated compound, such as (but not limited to) oxygenated compounds selected from the group consisting of ethanol, propanol, butanol, pentanol, hexanol, heptanol, octanol, glycerol, sorbitol, propanediol, butanediol, butanetriol, pentanediol, hexanediol, acetone, acetoin, butyrolactone, 3-hydroxybutyrolactone, and any isomers, derivatives, or combinations thereof [0487].
With respect to claims 1,2,4-7,9,10 and 13-20, it would have been obvious to one skilled in the art to modify the process of the cited examples of Yamanaka et al. 20170184973 by forming the n-butyl acetate to be used in the preparation of the organic treatment liquid 1 (developer) prior to the distillation using a bio-derived n-butyl acetate such as that taught by Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021) which is formed by fermentation to produce n-butanol which is then used to produce n-butyl acetate with the benefit that the source/feedstock is a renewable material as discussed in Painter et al. CA 2762593, noting that purification such as the distillation/rectification taught in Yamanaka et al. 20170184973 and Zhou CN 202786064 is necessary due to the impurities in the hexadecane solution evidenced in Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) and the replacing the MIBC rinse agent with a bio-derived hexanol and/or heptanol which is also subjected to distillation before use such as that taught Zebroski 20210131031 based upon the disclosure of 1-hexanol and 2-hexanol as rinse agents in Yamanaka et al. 20170184973 at [0158] with a reasonable expectation of removing the metals, the other impurities from the developer and forming a useful resist pattern, noting that Saotome JP 2002-363135 establishes that it is known in the photoresist art to use organic solvents (ethyl acetate) produced by fermentation.
With respect to claims 1,2,4-7, and 9-20, it would have been obvious to one skilled in the art to modify the process of the cited examples of Yamanaka et al. 20170184973 by forming the n-butyl acetate to be used in the preparation of the organic treatment liquid 1 (developer) prior to the distillation using a bio-derived n-butyl acetate such as that taught by Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021) which is formed by fermentation to produce n-butanol which is then used to produce n-butyl acetate with the benefit that the source/feedstock is a renewable material as discussed in Painter et al. CA 2762593, noting that purification such as the distillation/rectification taught in Yamanaka et al. 20170184973 and Zhou CN 202786064 is necessary due to the impurities in the hexadecane solution evidenced in Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021), adding the surfactant disclosed at [0053-0055] of Yamanaka et al. 20170184973 and the replacing the MIBC rinse agent with a bio-derived hexanol and/or heptanol which is also subjected to distillation before use such as that taught by Zebroski 20210131031 based upon the disclosure of 1-hexanol and 2-hexanol as rinse agents in Yamanaka et al. 20170184973 at [0158] with a reasonable expectation of metals, the other impurities from the developer and forming a useful resist pattern, noting that Saotome JP 2002-363135 establishes that it is known in the photoresist art to use organic solvents (ethyl acetate) produced by fermentation.
Claims 1,2 and 4-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. 20170184973, in view of Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021), Wang et al. “Combustion of n-butyl acetate synthesized by a new and sustainable biological process and comparisons with an ultrapure commercial n-butyl acetate produced by conventional Fischer esterification”, Fuel Vol. 304, article 121324 (10 pages) (11/15/2021) , Zhou CN 202786064, Saotome JP 2002-363135, Painter et al., CA 2762593 and Zebroski 20210131031, further in view of Courtland, “Intel now packs 100 million transistors in each square millimeter”, IEEE Spectrum (9 pages) (03/2017) and Freedman, “3-D transistors” MIT Technology Review 2 pages (04/25/2012).
The combination of Yamanaka et al. 20170184973, Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021), Saotome JP 2002-363135, Painter et al., CA 2762593 and Zebroski 20210131031 fails to teach the formation of more than 30,000,000 transistors/mm2
Courtland, “Intel now packs 100 million transistors in each square millimeter”, IEEE Spectrum (9 pages) (03/2017) and Freedman, “3-D transistors” MIT Technology Review 2 pages (04/25/2012) evidence that techniques for forming 30 million transistors/mm2 were known approximately 8 years ago. The position of the examiner is that it would have been obvious to one skilled in the art to modify the processes rendered obvious by the combination of Yamanaka et al. 20170184973, Feng et al., Renewable fatty acid ester production in Clostridium”, Nature Commun. Vol./ 12 article 4368 (13 pages) (07/2021), Saotome JP 2002-363135, Painter et al., CA 2762593 and Zebroski 20210131031 to form semiconductor devices with 30 million transistors/mm2 as this would have been well within the skill level of one of ordinary skill in the art before the invention of the instant application was made.
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 December 17, 2025