Prosecution Insights
Last updated: July 17, 2026
Application No. 16/651,110

POSITIVE TYPE PHOTOSENSITIVE SILOXANE COMPOSITION AND CURED FILM USING THE SAME

Final Rejection §103§112
Filed
Mar 26, 2020
Priority
Sep 27, 2017 — JP 2017-187040 +1 more
Examiner
CHAMPION, RICHARD DAVID
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Merck Patent GmbH
OA Round
8 (Final)
44%
Grant Probability
Moderate
9-10
OA Rounds
0m
Est. Remaining
53%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allowance Rate
55 granted / 124 resolved
-20.6% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
40 currently pending
Career history
172
Total Applications
across all art units

Statute-Specific Performance

§103
86.0%
+46.0% vs TC avg
§102
13.2%
-26.8% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 124 resolved cases

Office Action

§103 §112
CTFR 16/651,110 CTFR 95703 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 06-17 1. The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not). 2. Misnumbered Claims 43-45 have been renumbered as Claims 42-44 , respectively. Claim Rejections - 35 USC § 112 07-36-01 AIA 3. Claim 44 (before the renumbering stated above), which is Claim 43 after the renumbering above, is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 44 (before the renumbering stated above), which is Claim 43 after the renumbering above, depends from Claim 42 (before the renumbering stated above), but there is not a Claim 42 (before the renumbering stated above) in the current claim set. Applicant has added new claims numbered 41, 43, 44, and 45 (before the renumbering stated above), but has not added a Claim 42 (before the renumbering stated above),. Thus, Claim 44 (before the renumbering stated above), which is Claim 43 after the renumbering above, depends from an non-existent claim . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Response to Arguments 4. Applicant’s arguments, see page 14, line 7, filed 16 February 2026, with respect to the rejection of Claims 14-19, 23-29, and 31-36 under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2015/060155 A1; utilizing United States Patent Publication No. US 2016/0266490 A1 as the English language equivalent), hereinafter Yoshida, in further view of Fuke et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2016/125836 A1; utilizing United States Patent Publication No. US 2018/0017869 A1 as the English language equivalent), hereinafter Fuke , and in further view of Konno et al. ( World Intellectual Property Organization (WIPO) Publication No. WO 2009/119201 A1), hereinafter Konno; and Claims 37-38 under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2015/060155 A1; utilizing United States Patent Publication No. US 2016/0266490 A1 as the English language equivalent), hereinafter Yoshida, in further view of Fuke et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2016/125836 A1; utilizing United States Patent Publication No. US 2018/0017869 A1 as the English language equivalent), hereinafter Fuke , and in further view of Konno et al. ( World Intellectual Property Organization (WIPO) Publication No. WO 2009/119201 A1), hereinafter Konno, and in further view of Kim et al. (United States Patent Publication No. US 2016/0259095 A1), hereinafter Kim ; have been fully considered but they are not persuasive. Applicant argues that the limitation of “wherein said polysiloxane has a dissolution rate in 2.38 mass% tetramethylammonium hydroxide aqueous solution of 500 to 1,100 Å/sec” is not necessarily present in the prior art. MPEP § 2112.01 (I) states: “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best , 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)." MPEP § 2112.01 (II) goes on further to state: “A chemical composition and its properties are inseparable.” Thus, given that the prior art taught the composition claimed and a product manufactured from said product, which Applicant fails to argue herein that the prior art does not, the polysiloxane of the prior art has the same broadly defined dissolution rate. 5. Furthermore, Applicant argues that the present application represents evidence of unexpected results. The examples of the present application, wherein the dissolution rate is given for said polysiloxanes, and the examples of the prior art, wherein the dissolution rate is not given for said polysiloxanes. For instance, Example 1 of the prior art comprises, based on relative mole fractions, is 0.5 mole fraction of methyltriethoxysilane, 0.33 mole fraction of phenyltriethoxysilane, and 0.17 mole fraction of 1,4-bis(dimethylethoxysilyl)benzene. Whereas the present application’s Polysiloxane B, based on relative mole fractions, is 0.55 mole fraction of methyltriethoxysilane, 0.35 mole fraction of phenyltriethoxysilane, and 0.1 mole fraction of 1,4-bis(dimethylethoxysilyl)benzene, wherein said polysiloxane has a dissolution rate in 2.38 mass% tetramethylammonium hydroxide aqueous solution of 900 Å/sec. Similarly, Examples 2 and 5 of the prior art and Polysiloxane A and C of the present application teach polysiloxane wherein methyltriethoxysilane, phenyltriethoxysilane, and 1,4-bis(dimethylethoxysilyl)benzene are the reactants. Given that the prior art teaches polysiloxanes formed from the same reactants at sufficiently similar relative amounts of said reactants renders the claimed ranges of dissolution rates in 2.38 mass% tetramethylammonium hydroxide aqueous solution, for Claim 14, obvious. Furthermore, with regards to the affidavit filed 01 August 2025, Applicant argues that polysiloxanes of the prior art “It is believed that Compositions 1 and 2 were not capable of working as a positive tone photoresist composition .” (emphasis added) (Page 3, Line 26-27 of Applicant’s arguments). This is after Applicant has applied a negative tone development method. If the polysiloxanes of the prior art are subjected to a negative tone development method, then it’s unsurprising that said polysiloxanes don’t work as a positive tone photoresist compositions. This is especially notable since Examiner has utilized a secondary reference to teach the photo generator claimed in the present application, but Applicant has not used said photo generator in their experiments detailed in their affidavit. Given that the prior art teaches polysiloxanes formed from the same reactants as the present application in similar relative amounts and that there has not been a sufficient showing of a criticality of the claimed range and Applicant has failed to convincingly show unexpected results, Applicant’s arguments are not persuasive. Applicant further argues that in view of Yoshida, which teaches a negative type development but not at the exclusion of a positive type development, a person having ordinary skill in the art would have reasonable expectation of success in combining the teaching of Konno, which teaches a photo generator within the scope of the photo generators claimed by the present application which are functional in positive type development, to the teaching of Yoshida. This argument is not persuasive as a person having ordinary skill in the art would understand that polymers are often capable of both being developed via positive-type development and negative-type development. An example of this is found in the prior art of Ogihara et al. (United States Patent Publication No. US 2013/0137041 A1), hereinafter Ogihara, which shows similar photosensitive siloxanes as being capable of both positive-type and negative-type development. Thus, Applicant’s arguments are not persuasive and the rejection of record is maintained. Claim Rejections - 35 USC § 103 07-20-aia AIA 6. 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 : 7. 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. 07-21-aia AIA 8. Claim s 14-19, 23-29, 31-36, 40-42, and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2015/060155 A1; utilizing United States Patent Publication No. US 2016/0266490 A1 as the English language equivalent), hereinafter Yoshida, in further view of Fuke et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2016/125836 A1; utilizing United States Patent Publication No. US 2018/0017869 A1 as the English language equivalent), hereinafter Fuke , and in further view of Konno et al. ( World Intellectual Property Organization (WIPO) Publication No. WO 2009/119201 A1), hereinafter Konno . 9. Regarding Claims 14-19, 23-29, 31-36, 40-42, and 44 , Yoshida teaches (Claim 1) a polysiloxane comprising a repeating unit represented by general formula (Ia) the instant application. Yoshida teaches (Paragraphs [0015, 0046, and 0049], Claim 1) the polysiloxane comprising a repeating unit represented by general formula (Ib) of the instant application. Yoshida teaches (Claim 1) a silanol condensation catalyst. Yoshida teaches (Claim 1) a solvent. Yoshida teaches (Claim 1) the polysiloxane further comprising a repeating unit represented by general formula (Ic) of the instant application. Yoshida teaches (Claim 4) the repeating unit represented by general formula (Ib) of the instant application is 5 to 40 mol % based on the total number of the repeating units of said polysiloxane. Yoshida teaches (Paragraphs [0015, 0046, and 0049], Claim 1) m of general formula (Ib) of the instant application is 2 and n of general formula (Ib) of the instant application is 1. Yoshida teaches (Paragraphs [0015, 0046, and 0049], Claim 1) L of general formula (Ib) of the instant application is an unsubstituted C 6-20 arylene. Yoshida teaches (Paragraphs [0113-0127]) the polysiloxane having a mass average molecular weight of 2,400 to 4,500. Yoshida teaches (Claim 2, Paragraphs [0113-0123 and 0126] and see above) polysiloxane having a dissolution rate in 2.38 mass % tetramethylammonium hydroxide aqueous solution of 500 to 1,200 Å /sec. Yoshida teaches (Paragraphs [0096-0109]) a method for producing a cured film produced by applying the composition on a substrate and heating it. Yoshida teaches (Paragraph [0107]) the transmittance of the cured film for light having a wavelength of 400 nm is 95% or more. Yoshida teaches (Paragraph [0028]) an electronic device comprising the cured film produced by the method for producing a cured film. Yoshida teaches (Claim 1) a polysiloxane comprising a repeating unit represented by general formula (Ia) of the instant application. Yoshida teaches (Paragraphs [0015, 0046, and 0049], Claim 1) the polysiloxane comprising a repeating unit represented by general formula (Ib) of the instant application. Yoshida teaches (Claim 1) a silanol condensation catalyst. Yoshida teaches (Claim 1) a solvent. Yoshida teaches (Paragraph [0107]) the transmittance of the cured film for light having a wavelength of 400 nm is 95% or more. Yoshida teaches (Paragraph [0028]) an electronic device comprising the cured film produced by the method for producing a cured film. Yoshida teaches (Paragraphs [0113-0127]) the polysiloxane having a mass average molecular weight of 2,400 to 4,500. Furthermore, Yoshida teaches (Paragraph [0068]) a post exposure baking not being performed. Yoshida teaches (Paragraphs [0015, 0046, and 0049], Claim 1) wherein m is 2 and n is 1 in general formula (Ib) of the present application. 10. Furthermore, Yoshida teaches (Paragraphs [0092-0095]) a sensitizer. Furthermore, Yoshida teaches (Paragraphs [0092-0095]) a sensitizer. Furthermore, Yoshida teaches (Paragraphs [0096-0109]) heating the composition. However, Yoshida neither explicitly teaches a diazonaphthoquinone derivative nor the content of the diazonaphthoquinone derivative is 1 to 4 parts by mass based on 100 parts by mass of the polysiloxane. Furthermore, Yoshida fails to explicitly teach a photo generator, wherein the photo generator is either a photo acid generator or a photo base generator, and wherein the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 2 or more. Furthermore, Yoshida fails to explicitly teach the heating being performed at 450° C or more. Furthermore, Yoshida fails to explicitly teach the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 5 or more. Furthermore, Yoshida fails to explicitly teach the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 10 or more. Furthermore, Yoshida fails to explicitly teach wherein the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 100 or more. Furthermore, Yoshida fails to explicitly teach the photo acid generators are selected from the group consisting of 4-methoxyphenyl diphenyl sulfonium hexafluorophosphonate, 4-methoxyphenyl diphenyl sulfonium hexafluoroarsenate, 4-methoxyphenyl diphenyl sulfonium methane sulfonate, 4-methoxyphenyldiphenylsulfonium trifluoroacetate, triphenylsulfonium tetrafluoroborate, triphenylsulfonium tetrakis(pentafluorophenyl)borate, triphenylsulfonium hexafluorophosphonate, triphenylsulfonium hexafluoroarsenate, 4-methoxyphenyl diphenyl sulfonium-p-toluene sulfonate, 4-phenyl thiophenyl diphenyl tetrafluoroborate, 4-phenyl thiophenyl diphenyl hexafluorophosphonate, triphenyl sulfonium methanesulfonate, triphenylsulfonium trifluoroacetate, triphenylsulfonium-p-toluenesulfonate, 4-methoxyphenyl diphenylsulfonium tetrafluoroborate, 4-phenylthiophenyl diphenyl hexafluoroarsenate, 4-phenylthiophenyl diphenyl-p- toluenesulfonate, N-(trifluoromethyl sulfonyloxy)succinimide, N-(trifluoromethylsulfonyloxy)phthalimide, 5-norbornene-2,3-dicarboximidyl triflate, 5-norbornene-2,3-dicarboximidyl-p-toluenesulfonate, 4-phenylthiophenyldiphenyltrifluoromethanesulfonate, 4-phenylthiophenyl diphenyl trifluoroacetate, N-(trifluoromethyl sulfonyloxy)diphenylmaleimide, N- (trifluoromethylsulfonyloxy)bicyclo[2.2. l]hept-5-ene-2,3-dicarboximide, N-(trifluoromethylsulfonyloxy)-naphthylimide, and N-(nonafluorobutylsulfonyloxy)naphthyl-imide. Furthermore, Yoshida fails to explicitly teach a diazonaphthoquinone derivative nor heating the substrate to 450° C or more. Furthermore, Yoshida fails to explicitly teach the photo generator is a photoacid generator selected from the group consisting of iazomethane compounds, triazine compounds, sulfonic acid esters, diphenyliodonium salts, triphenylsulfonium salts, sulfonium salts, ammonium salts, phosphonium salts, and sulfonimide. Furthermore, Yoshida fails to explicitly teach the amount of the photoacid generator is 0.1 to 10 parts by mass based on 100 parts by mass of the total mass of the polysiloxane. 11. Fuke teaches (Paragraphs [0071-0073]) a diazonaphthoquinone derivative. Fuke teaches (Paragraphs [0071-0073]) the content of the diazonaphthoquinone derivative is 3 to 4 parts by mass based on 100 parts by mass of the polysiloxane. Fuke teaches (Paragraphs [0019-0035]) the use of the diazonaphthoquinone derivative at the amounts above results in a composition which suppresses defects, improves yield, and is cost-effective while it avoids the use of a resist. 12. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yoshida to incorporate the teachings of Fuke to utilize a diazonaphthoquinone derivative wherein the content of the diazonaphthoquinone derivative is 3 to 4 parts by mass based on 100 parts by mass of the polysiloxane. Doing so would result in suppressed defects, improved yield, and low cost while it avoiding the use of a resist, as recognized by Fuke. 13. Konno teaches (Paragraph [0034]) the photo generator is either a photo acid generator or a photo base generator, and wherein the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 2 or more. Konno teaches (Paragraph [0034]) the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 5 or more. Konno teaches (Paragraph [0034]) the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 10 or more. Furthermore, Yoshida fails to explicitly teach wherein the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 100 or more. Konno teaches (Paragraphs [0030-0037]) the photo acid generators are selected from the group consisting of 4-methoxyphenyl diphenyl sulfonium hexafluorophosphonate, 4-methoxyphenyl diphenyl sulfonium hexafluoroarsenate, 4-methoxyphenyl diphenyl sulfonium methane sulfonate, 4-methoxyphenyldiphenylsulfonium trifluoroacetate, triphenylsulfonium tetrafluoroborate, triphenylsulfonium tetrakis(pentafluorophenyl)borate, triphenylsulfonium hexafluorophosphonate, triphenylsulfonium hexafluoroarsenate, 4-methoxyphenyl diphenyl sulfonium-p-toluene sulfonate, 4-phenyl thiophenyl diphenyl tetrafluoroborate, 4-phenyl thiophenyl diphenyl hexafluorophosphonate, triphenyl sulfonium methanesulfonate, triphenylsulfonium trifluoroacetate, triphenylsulfonium-p-toluenesulfonate, 4-methoxyphenyl diphenylsulfonium tetrafluoroborate, 4-phenylthiophenyl diphenyl hexafluoroarsenate, 4-phenylthiophenyl diphenyl-p- toluenesulfonate, N-(trifluoromethyl sulfonyloxy)succinimide, N-(trifluoromethylsulfonyloxy)phthalimide, 5-norbornene-2,3-dicarboximidyl triflate, 5-norbornene-2,3-dicarboximidyl-p-toluenesulfonate, 4-phenylthiophenyldiphenyltrifluoromethanesulfonate, 4-phenylthiophenyl diphenyl trifluoroacetate, N-(trifluoromethyl sulfonyloxy)diphenylmaleimide, N- (trifluoromethylsulfonyloxy)bicyclo[2.2. l]hept-5-ene-2,3-dicarboximide, N-(trifluoromethylsulfonyloxy)-naphthylimide, and N-(nonafluorobutylsulfonyloxy)naphthyl-imide. Konno teaches (Paragraph [0030]) the photo acid generator therein can cause a cross-linking reaction at a relatively low temperature including ambient temperatures. Konno teaches (Paragraphs [0030-0037]) the photo generator is a photoacid generator selected from the group consisting of iazomethane compounds, triazine compounds, sulfonic acid esters, diphenyliodonium salts, triphenylsulfonium salts, sulfonium salts, ammonium salts, phosphonium salts, and sulfonimide. Konno teaches (Paragraphs [0037]) the amount of the photoacid generator is 0.1 to 10 parts by mass based on 100 parts by mass of the total mass of the polysiloxane. 14. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yoshida in further view of Konno to incorporate the teachings of Konno wherein the photo generator is either a photo acid generator or a photo base generator, and wherein the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 2 or more; the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 5 or more; the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 10 or more.; the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 436 nm), or the ratio of (the absorbance at wavelength of 365 nm) / (the absorbance at wavelength of 405 nm) of the photo generator is 100 or more; the photo acid generators are selected from the group consisting of 4-methoxyphenyl diphenyl sulfonium hexafluorophosphonate, 4-methoxyphenyl diphenyl sulfonium hexafluoroarsenate, 4-methoxyphenyl diphenyl sulfonium methane sulfonate, 4-methoxyphenyldiphenylsulfonium trifluoroacetate, triphenylsulfonium tetrafluoroborate, triphenylsulfonium tetrakis(pentafluorophenyl)borate, triphenylsulfonium hexafluorophosphonate, triphenylsulfonium hexafluoroarsenate, 4-methoxyphenyl diphenyl sulfonium-p-toluene sulfonate, 4-phenyl thiophenyl diphenyl tetrafluoroborate, 4-phenyl thiophenyl diphenyl hexafluorophosphonate, triphenyl sulfonium methanesulfonate, triphenylsulfonium trifluoroacetate, triphenylsulfonium-p- toluenesulfonate, 4-methoxyphenyl diphenylsulfonium tetrafluoroborate, 4-phenylthiophenyl diphenyl hexafluoroarsenate, 4-phenylthiophenyl diphenyl-p- toluenesulfonate, N-(trifluoromethyl sulfonyloxy)succinimide, N-(trifluoromethylsulfonyloxy)phthalimide, 5-norbornene-2,3-dicarboximidyl triflate, 5-norbornene-2,3-dicarboximidyl-p-toluenesulfonate, 4-phenylthiophenyldiphenyltrifluoromethanesulfonate, 4-phenylthiophenyl diphenyl trifluoroacetate, N-(trifluoromethyl sulfonyloxy)diphenylmaleimide, N- (trifluoromethylsulfonyloxy)bicyclo[2.2. l]hept-5-ene-2,3-dicarboximide, N-(trifluoromethylsulfonyloxy)-naphthylimide, and N-(nonafluorobutylsulfonyloxy)naphthyl-imide; the photo generator is a photoacid generator selected from the group consisting of iazomethane compounds, triazine compounds, sulfonic acid esters, diphenyliodonium salts, triphenylsulfonium salts, sulfonium salts, ammonium salts, phosphonium salts, and sulfonimide; and the amount of the photoacid generator is 0.1 to 10 parts by mass based on 100 parts by mass of the total mass of the polysiloxane. Konno teaches (Paragraph [0030]) the photo acid generator therein can cause a cross-linking reaction at a relatively low temperature including ambient temperatures. Doing so would result in effective crosslinking at ambient temperatures, as recognized by Konno. 15. Konno teaches (Paragraphs [0051-0055]) the heating being performed at 450° C to 800° C. Konno teaches (Paragraphs [0051-0055]) heating at the above temperatures results in an increased molecular weight of the resin. 16. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yoshida to incorporate the teachings of Konno to heat the composition at 450° C to 800° C. Doing so would result in an increased molecular weight of the resin, as recognized by Konno . 07-21-aia AIA 17. Claim s 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2015/060155 A1; utilizing United States Patent Publication No. US 2016/0266490 A1 as the English language equivalent), hereinafter Yoshida, in further view of Fuke et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2016/125836 A1; utilizing United States Patent Publication No. US 2018/0017869 A1 as the English language equivalent), hereinafter Fuke , and in further view of Konno et al. ( World Intellectual Property Organization (WIPO) Publication No. WO 2009/119201 A1), hereinafter Konno, and in further view of Kim et al. (United States Patent Publication No. US 2016/0259095 A1), hereinafter Kim . 18. Regarding Claims 37-38 , Yoshida in further view of Fuke in further view of Konno teaches all limitation of Claim 14 above. However, Yoshida in further view of Fuke in further view of Konno fails to explicitly teach wherein the photo generator is a photo base generator which is a multi-substituted amide compound having an amide group, lactams, imide compounds or ones containing its structure. Furthermore, Yoshida in further view of Fuke in further view of Konno fails to explicitly teach wherein the photo generator is a photo base generator which is selected from the group consisting of PBG-1 to PBG-5 of the present application. 19. Kim teaches (Paragraph [0127]) the photo generator is a photo base generator which is a multi-substituted amide compound having an amide group, lactams, imide compounds or ones containing its structure. Kim teaches (Paragraph [0127]) the photo generator is a photo base generator which is PBG-1 of the present application. Kim teaches (Paragraph [0114]) the photo base generator therein results in a tailoring of the patterning time. 20. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yoshida in further view of Fuke in further view of Konno to incorporate the teachings of Kim wherein the photo generator is a photo base generator which is a multi-substituted amide compound having an amide group, lactams, imide compounds or ones containing its structure; and wherein the photo generator is a photo base generator which is PBG-1 of the present application. Doing so would result in the capacity to tailor the patterning time, as recognized by Kim . Conclusion 07-39 AIA 21. 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). 22. 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 extension fee 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 date of this final action. 07-100 AIA 23. Any inquiry concerning this communication should be directed to RICHARD D CHAMPION at telephone number (571) 272-0750. The examiner can normally be reached on 8 a.m. - 5 p.m. Mon-Fri EST . 24. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARK F HUFF can be reached at (571) 272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 25. 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://portal.uspto.gov/external/portal. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 26. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. /Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733 /R.D.C./Examiner, Art Unit 1737 Application/Control Number: 16/651,110 Page 2 Art Unit: 1737 Application/Control Number: 16/651,110 Page 3 Art Unit: 1737 Application/Control Number: 16/651,110 Page 4 Art Unit: 1737 Application/Control Number: 16/651,110 Page 5 Art Unit: 1737 Application/Control Number: 16/651,110 Page 6 Art Unit: 1737 Application/Control Number: 16/651,110 Page 7 Art Unit: 1737 Application/Control Number: 16/651,110 Page 8 Art Unit: 1737 Application/Control Number: 16/651,110 Page 9 Art Unit: 1737 Application/Control Number: 16/651,110 Page 10 Art Unit: 1737 Application/Control Number: 16/651,110 Page 11 Art Unit: 1737 Application/Control Number: 16/651,110 Page 12 Art Unit: 1737 Application/Control Number: 16/651,110 Page 13 Art Unit: 1737 Application/Control Number: 16/651,110 Page 14 Art Unit: 1737 Application/Control Number: 16/651,110 Page 15 Art Unit: 1737
Read full office action

Prosecution Timeline

Show 22 earlier events
Jun 11, 2025
Applicant Interview (Telephonic)
Jun 11, 2025
Examiner Interview Summary
Aug 01, 2025
Request for Continued Examination
Aug 01, 2025
Response after Non-Final Action
Aug 04, 2025
Response after Non-Final Action
Sep 15, 2025
Non-Final Rejection mailed — §103, §112
Feb 16, 2026
Response Filed
Jun 04, 2026
Final Rejection mailed — §103, §112 (current)

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2y 10m to grant Granted Apr 21, 2026
Patent 12585202
MEASUREMENT APPARATUS, LITHOGRAPHY APPARATUS, AND METHOD OF MANUFACTURING ARTICLE
4y 1m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

9-10
Expected OA Rounds
44%
Grant Probability
53%
With Interview (+8.8%)
3y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 124 resolved cases by this examiner. Grant probability derived from career allowance rate.

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