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
Claim 5-8 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method for producing a structure, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/23/2026.
Applicant’s election without traverse of a base material (claims 1-4) in the reply filed on 6/23/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamano et al (US 20160194524).
Yamano teaches phase separation layer containing a block copolymer (see 0004) having the following blocks Nx-1 and Ny-1-1:
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in formula (Nx-1), R represents a hydrogen atom, an alkyl group of 1 to 5 carbon atoms or a halogenated alkyl group of 1 to 5 carbon atoms; R1 represents a halogen atom, or a linear, branched or cyclic hydrocarbon group of 1 to 20 carbon atoms optionally containing an oxygen atom, a halogen atom or a silicon atom, or a combination of the linear, branched or cyclic hydrocarbon group; and n represents an integer of 0 to 5;
in formula Ny-1-1 R represents a hydrogen atom, an alkyl group of 1 to 5 carbon atoms or a halogenated alkyl group of 1 to 5 carbon atoms and
wherein the amount of the structural unit (Ny) within the resin component (N) is 5 mol % or less. (see claims 4, 5 and 6).
Regarding limitation of claim 1, where no alkyl methacrylate units are present, Yamano discloses acrylic acid or acrylate ester as monomers for block NY-1-1 (see 0055-0056).
Thus, all limitations of claims 1-4 are met.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Senzaki et al. (US 20130243958).
Yamano teaches phase separation layer containing a polystyrene-polyacrylic acid block copolymer (see claim 19), where an amount of the structural unit having an aromatic ring (i.e. polystyrene, PS ), based on the combined total of all structural units constituting the resin component is 10 to 95 mol% copolymer (see claim 7).
Yamano discloses that PS constitutes 85-92% mol and polymethacrylic acid present at 3-15% mol (see Table 1 , Examples 1, 3-6 and 8-9).
Note that Examples above disclose PS- PMMA block copolymer. However, Yamano teaches that polymethacrylic and polyacrylic acid blocks are totally interchangeable (see 0026).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LISTVOYB whose telephone number is (571)272-6105. The examiner can normally be reached 9am-5pm EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley can be reached at (571) 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GL
/GREGORY LISTVOYB/Primary Examiner, Art Unit 1765
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