DETAILED ACTION
Claims 1, 3-17, and 19-21 are pending. Claims 1 and 10 have been amended and claims 2 and 18 were previously canceled.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 11 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 11 recites “R1 represents a fluorine atom, an alkyl fluoride group having 1 to 40 carbon atoms, an alkyl group having 1 to 6 carbon atoms or an alicyclic hydrocarbon group having 3 to 10 carbon atoms, and -CH2- included in the alkyl group and the alicyclic hydrocarbon group may be replaced by -O- or -CO-“. However, claim 1 recites “R1 represents a halogen atom, an alkyl fluoride group having 1 to 6 carbo atoms or a hydrocarbon group having 1 to 10 carbon atoms, and -CH2- included in the hydrocarbon group may be replaced by -O- or -CO-, provided that at least one R1 is a chain hydrocarbon group, and at least one -CH2- included in the chain hydrocarbon group is replaced by -O- or -CO-“. Thus, claim 11 fails to include all of the limitations of claim 1. 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 10 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,385,542. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to sulfonium salts of carboxylic acids of formula (I). Formula (I) of ‘542 when defined as: m1, m2, and m3 are 1 to 4, R1, R2, and R3 each independently represent a halogen atom, a perfluoroalkyl group having 1 to 6 carbon atoms or a hydrocarbon group having 1 to 12 carbon atoms, and -CH2- included in the hydrocarbon group may be replaced by -O- or -CO- bonded at any position; e.g. when m1 to m3 are each 2 wherein one R1-R3 are each a (chain) hydrocarbon having 1 to 12 carbon atoms in which on -CH2- is replaced by -O- or -CO-and one R1-R3 are each an (alicyclic) hydrocarbon group having 3 to 10 carbon atoms when one or two -CH2- is/are replaced by -O- and another -CH2- is replaced by -CO- encompasses formula (I) of instant claims 10 and 20 when m1, m2 and m3 are 1, R2 and R3 are bonded to form a single bond, R1 is a chain hydrocarbon group having 1 to 2 carbon atoms and -CH2- is replaced by -O- or -CO-, and R4, R5 and R6 are each -X2-R7 where X2 is *-CO-O- or *-O-CO- or *-O-CO-O- and R7 is a hydrocarbon group including a cyclic hydrocarbon group having 3 to 10 carbon atoms.
Claims 1, 3-9, 11-17, 19, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 11,550,219. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to sulfonium salts of carboxylic acids of formula (I). Formula (I) of ‘219 when defined as: R1 and R2 each independently represent a hydrocarbon group having 1 to 18 carbon atoms, and -CH2- included in the hydrocarbon group may be replaced by -O- or -CO-, m3 is 0 to 2, m4 and m5 are 1 to 4, R3, R4 and R5 each independently represent a halogen atom, a perfluoroalkyl group having 1 to 6 carbon atoms or a hydrocarbon group having 1 to 12 carbon atoms, and -CH2- included in the hydrocarbon group may be replaced by -O- or -CO- bonded at any position; e.g. when R1 is a (chain) hydrocarbon group having 1 to 18 carbon atoms and -CH2- included in the hydrocarbon group is replaced by -O- or -CO-, m3 is 0, m4 and m5 are each 2 wherein one R4 and R5 are each halogen and one R4 and R5 and R2 are each a combination of a linear alkyl hydrocarbon group having 3 carbon atoms where two -CH2- are replaced by -O- and another -CH2- is replaced by -CO- (i.e. -O-CO-O-) and an alicyclic hydrocarbon group having 3 to 10 carbon atoms where one -CH2- is replaced by -O- and another -CH2- is replaced by -CO- (i.e. lactone) encompasses formula (I) of instant claims 1, 11-16, 19, and 21 when m1, m2 and m3 are 1, where R1 is a chain hydrocarbon group having 1 to 18 carbon atoms and -CH2- is replaced by -O- or -CO- bonded at the para-position, R2 and R3 are fluorine at the meta- or para-position, and R4 (bonded at the meta-position), R5 and R6 (bonded at the meta- or para-position) are -X2-R7 where X2 is *-O-CO-O- and R7 is a hydrocarbon group including an alicyclic hydrocarbon group having 3 to 10 carbon atoms when one -CH2- is replaced by -O- and another -CH2- is replaced by -CO-. Claims 2-4 and 6-8 of ‘219 encompass instant claims 3-7 and 9 respectively. The patented claims recite open language “comprising” which means additional components may be included such as that of instant claim 8.
Claims 1, 3-17, 19, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 13 of U.S Patent No. 12,105,419. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and copending claims are directed to sulfonium salts of carboxylic acids of formula (I). Formula (I) of ‘419 when defined as: X1 is -O- or -S-, m1, m2, and m3 are 1 to 4, R1, R2, and R3 each independently represent a halogen atom, a perfluoroalkyl group having 1 to 6 carbon atoms or a hydrocarbon group having 1 to 12 carbon atoms, and -CH2- included in the hydrocarbon group may be replaced by -O- or -CO- bonded at any position, at least one R1 is an alkoxy having 1 to 3 carbon atoms which is bonded to a meta or para position of a benzene ring with respect to a bonding site of COO-; e.g. when m1 is 3, m2 and m3 are each 2 where two R1 at ortho- and meta-positions are alkoxy groups having 1 to 3 carbon atoms and one R1, R2, and R3 at the meta-position are each halogen and one R1-R3 at the para-position are each a combination of a linear alkyl hydrocarbon group having 3 carbon atoms where two -CH2- are replaced by -O- and another -CH2- is replaced by -CO- (i.e. -O-CO-O-) and an alicyclic hydrocarbon group having 3 to 10 carbon atoms where one -CH2- is replaced by -O- and another -CH2- is replaced by -CO- (i.e. lactone) encompasses formula (I) of instant claims 1, 10-16, and 21 specifically formula (IB) of instant claim 17 when X1 is -O- or -S-, m1, m2 and m3 are 1, where R1 is a chain hydrocarbon group having 1 to 3 carbon atoms and -CH2- is replaced by -O-, and R4, R5 and R6 are -X2-R7 where X2 is *-O-CO-O- and R7 is a hydrocarbon group including an alicyclic hydrocarbon group having 3 to 10 carbon atoms when one -CH2- is replaced by -O- and another -CH2- is replaced by -CO-. Claims 1-5 of ‘419 encompass instant claims 3-7 and 9. The patented claims recite open language “comprising” which means additional components may be included such as that of instant claim 8.
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-6, 8, 9, 11-17, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi et al. (U.S. 2017/0329227) in view of Ichikawa et al. (U.S. 2010/0304294) and Wada et al. (U.S. 2010/0239978).
Ohashi et al. teaches a sulfonium compound having the following formula (1) [0039]:
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[0039] wherein p, q, and r can be 2 wherein one R1, one R2, and one R3 can each be a C2 straight monovalent hydrocarbon group which may contain a heteroatom which includes a radical containing a heteroatom such as oxygen may intervene between carbon atoms, so that the group may contain an ether bond and the other R1, R2, and R3 can each be a cyclic monovalent hydrocarbon group which may contain a heteroatom which includes a radical containing a heteroatom such as oxygen may intervene between carbon atoms, so that the group may contain an ester bond or carbonate bond [0040] and examples of substituents include those seen on the following compounds:
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[0043]. Ohashi et al. does not teach specific examples of the substituents as claimed.
However, Ichikawa et al. teaches known substituents for triphenylsulfonium compounds include the following seen in formula (AA-b3-2):
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[0037]. Wada et al. also teaches other known substituents include the following seen in formula (I-14):
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[page 7] which demonstrates the meta position for a lactone-containing substituent. Thus, when one of each R1, R2, and R3 of Ohashi et al. is a cyclic monovalent hydrocarbon group containing an ester bond and a carbonate bond (-O-CO-O- linking group and lactone ring) as demonstrated by Ichikawa et al. in the meta position as demonstrated by Wada et al. it is equivalent to formula (I) of instant claims 1, 11-17, 19, and 21 when m1 to m3 are 1, R1-R3 are hydrocarbon groups having 2 carbon atoms in which the -CH2- bonded to the benzene ring is replaced by -O-, and R4-R6 are -X2-R7 where X2 is *-O-CO-O- and R7 is a hydrocarbon group including a cyclic hydrocarbon group having 9 carbon atoms when one -CH2- is replaced by -O- and one -CH2- is replaced by -CO-, said substituents being in any position, e.g. R1-R3 bonded at the ortho-position and R4-R6 bonded at the meta-position. Ohashi et al. also teaches an object of the invention is to provide a resist composition capable of forming a resist film which is improved in resolution, LWR, MEF and CDU when processed by DUV lithography and EUV lithography [0009]. Ohashi et al. further teaches “Examples of the invention are given below by way of illustration and not by way of limitation” [0157], and “Although some preferred embodiments have been described, many modifications and variations may be made thereto in light of the above teachings. It is therefore to be understood that the invention may be practiced otherwise than as specifically described without departing from the scope of the appended claims” [0224]. Ichikawa et al. also teaches a sulfonium having a lactone ring provides a photoresist pattern having good pattern profile, good MEF and good DOF, and is especially suitable for ArF excimer laser lithography, KrF excimer laser lithography and ArF immersion lithography [0179] while Wada et al. also teaches the invention can provide a photosensitive composition that shows good line edge roughness and pattern profile, and improved in the contrast of sensitivity and dissolution in EUV exposure [0727].
Although Ohashi et al. does not teach a specific example of formula (1) as defined above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Ohashi, as shown by Ichikawa and Wada, and arrive at the instant claims through routine experimentation based on the substitution of equally suitable groups for the sought invention in order to achieve optimum resist properties.
With regard to claims 3 and 4, Ohashi et al. teaches the sulfonium compound exerts a satisfactory acid diffusion control (or quencher) function [0022]. Ohashi et al. also teaches another embodiment of the invention is directed to a resist composition comprising (A) an acid diffusion inhibitor in the form of a sulfonium compound having formula (1) as an essential component, (B) an organic solvent, (C) a base resin, and (D) a photoacid generator. If necessary, the resist composition may further comprise (E) a nitrogen-containing compound, and (F) a surfactant which is insoluble or substantially insoluble in water and soluble in alkaline developer and/or a surfactant which is insoluble or substantially insoluble in water and alkaline developer (hydrophobic resin) [0055].
With regard to claim 5, Ohashi et al. teaches the base resin used in the resist composition preferably contains a polymer comprising recurring units having an acid dissociable group [0059] such as the following:
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[p 13] wherein R4 is hydrogen or methyl [0060] which is equivalent to formula (a1-2) of instant claim 5 when Ra5 is a hydrogen atom or methyl group, La2 is -O-, Ra7 is an alkyl group having 1 carbon atom, n1’ is 1, and n1 is 0.
With regard to claim 6, Ohashi et al. teaches photoacid generator (D) may include the following:
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[0118] which is equivalent to an acid generator including a salt represented by formula (B1) of instant claim 6 when Qb1 and Qb2 are fluorine atoms, Lb1 is a divalent saturated hydrocarbon group having 3 carbon atoms in which one -CH2- is replaced by -O- and a second -CH2- is replaced by -CO-, and Y is a methyl group.
With regard to claim 8, Ohashi et al. teaches suitable polymeric surfactants may comprise the following repeating unit [0141]:
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[0141] wherein Re1 is hydrogen, fluorine, methyl, trifluoromethyl, Le is —C(═O)—O—, —O—, or —C(═O)—R.sup.e11—C(═O)—O— wherein Re11 is a C1-C10 straight, branched or cyclic alkylene group, and Re2 is hydrogen or a C1-C20 straight, branched or cyclic alkyl or fluoroalkyl group, or two Re2 in a common monomer may bond together to form a ring with the carbon atom to which they are attached [0142-0145] which is equivalent to a resin including a structural unit having a fluorine atom of instant claim 8.
With regard to claim 9, Ohashi et al, teaches the resist composition is applied onto a substrate by a suitable coating technique such as spin coating. The coating is prebaked on a hot plate. Through a mask with the desired pattern placed over the resist film, the resist film is exposed to high-energy radiation. The resist film is then baked (PEB). Thereafter the resist film is developed with a developer in the form of an aqueous base solution [0151].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ohashi et al. (U.S. 2017/0329227) in view of Ichikawa et al. (U.S. 2010/0304294) and Wada et al. (U.S. 2010/0239978), as applied to claim 4 above, and further in view of Sakamoto et al. (U.S. 2016/0200702).
With regard to claim 7, Ohashi et al. teaches a sulfonium salt of sulfonic acid having a nitrogen-containing substituent may be used as component (E). This compound is a so-called photo-degradable base which functions as quencher in the unexposed region, but loses quencher ability through neutralization with the acid generated by itself, in the exposed region. The use of photo-degradable base is effective for enhancing the contrast between exposed and unexposed regions [0135].
Ohashi et al. does not explicitly teach a salt generating an acid having an acidity lower than that of an acid generated from the acid generator. Ichikawa and Wada are also silent of said teachings.
However, Sakamoto et al. teaches a “quencher” has the property that it can trap an acid, especially an acid generated from the acid generator by applying a radiation.
Examples of the quencher include a basic nitrogen-containing organic compound and a weak acid salt [0557-0558] such that the weak acid salt is usually lower in acidity than the acid generator [0562] and a specific example includes the following:
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[0566] which is equivalent to a salt generating an acid having an acidity lower than that of an acid generated from the acid generator based on page 32 of the instant specification. Further, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07. In the instant case, Ohashi et al. teaches sulfonium salt quenchers usable in the resist composition of the invention and Sakamoto et al. teaches known quenchers having an acidity lower than the acid generated from the acid generator.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Ohashi in view of Ichikawa and Wada to include the specific quencher of Sakamoto et al. through routine experimentation and arrive at the instant claims with a reasonable expectation of success.
Claims 1, 3-17, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Uemura et al. (WO2019123895) in view of Ichikawa et al. (U.S. 2010/0304294) and Wada et al. (U.S. 2010/0239978). Translation of ‘895 was provided by Applicant.
Uemura et al. teaches an active-light-sensitive or radiation-sensitive resin composition comprises: a resin; an acid generating agent that generates an acid through irradiation with active light rays or radiation; and an acid diffusion control agent, the acid diffusion control agent including a compound expressed by the General Formula (1) [abstract] (claim 3), specifically the following General Formula (2):
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[0156] wherein A1 is preferably -L1-CO2- [0149] where L1 is a single bond [0148], R1 and R2 can be a non-aromatic substituent, R3 and R4 can be hydrogen atoms. The substituents represented by R1, R2, R3, and R4 are not particularly limited as long as they are non-aromatic substituents, and may be an alkoxy group (linear, branched, or cyclic). The number of carbon atoms is preferably 1 to 20 [0158], and Ar2 and Ar3 are aromatic hydrocarbon groups [0143] which may have a substituent, and the substituents may be bonded to each other to form a ring [0159] and examples of the substituent include those seen on the following compound:
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[0163] and other examples of substituents include the following seen on the acid generator (B):
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[0132]. Uemura et al. does not teach specific examples of the substituents together as claimed.
However, Ichikawa et al. teaches known substituents for triphenylsulfonium compounds include the following formula (AA-b3-2):
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[0037]. Wada et al. also teaches other known substituents include the following seen in formula (I-14):
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[page 7] which demonstrates the meta position for a lactone-containing substituent and a substituent bound to form a ring seen in the following formula (I-7):
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[page 7]. Thus, when R1 of Uemura’s formula (2) is a linear alkoxy group having 1 carbon atom, R2 is a cyclic alkyl having a substituent (-O-CO-O- linking group and lactone ring), and Ar2 and Ar3 are aromatic hydrocarbon groups having substituents bound to form a ring as well as a substituent which is a cyclic alkyl having a substituent (-O-CO-O- linking group and lactone ring) as demonstrated by Ichikawa and Wada it is equivalent to formula (I) of instant claims 1, 10-16, and 19-21, specifically formula (IB) of instant claim 17 when X1 is a single bond, m1, m2 and m3 are 1, where R1 is a chain hydrocarbon group having 2 carbon atoms in which the -CH2- bonded to the benzene ring is replaced by -O- at the ortho-position, and R4, R5 and R6 are -X2-R7 where X2 is *-O-CO- or *-O-CO-O- and R7 is a hydrocarbon group including an alicyclic hydrocarbon group having 3 to 10 carbon atoms at the meta-position. Uemura et al. also teaches an object of the present invention is to provide an actinic ray-sensitive or radiation-sensitive resin composition capable of forming a pattern excellent in fluctuation of pattern line width (LWR) and in-plane uniformity (CDU) [0008] and the present invention will be described in more detail with reference to Examples. Materials, use amounts, ratios, treatment contents, treatment procedures, and the like shown in the following examples can be appropriately changed without departing from the gist of the present invention. Therefore, the scope of the present invention should not be construed as being limited by the following examples [0254]. Ichikawa et al. also teaches a sulfonium having a lactone ring provides a photoresist pattern having good pattern profile, good MEF and good DOF, and is especially suitable for ArF excimer laser lithography, KrF excimer laser lithography and ArF immersion lithography [0179] while Wada et al. also teaches the invention can provide a photosensitive composition that shows good line edge roughness and pattern profile, and improved in the contrast of sensitivity and dissolution in EUV exposure [0727].
Although Uemura et al. does not teach a specific example of formula (1) as defined above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Uemura in view of Ichikawa and Wada, and arrive at the instant claims through routine experimentation based on the substitution of equally suitable groups for the sought invention in order to achieve optimum resist properties.
With regard to claims 4 and 5, Uemura et al. teaches the composition of the present invention contains a resin (hereinafter, also referred to as resin (A), for example, resins (AX1), resins (AX2), and the like can be used, and among these, resins (AX1) are preferable. The resins (AX1) are resins (hereinafter, also referred to as "acid-decomposable resins") having a group (hereinafter, also referred to as "acid-decomposable group") capable of decomposing by the action of an acid to increase the polarity [0022-0023] wherein a specific example includes the following:
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[0041] which is equivalent to formula (a1-1) of instant claim 5 when Ra4 is a methyl group, La1 is -O-, Ra6 is an alkyl group having 1 carbon atom, and m1 is 0.
With regard to claim 6, Uemura et al. teaches a specific example of the acid generator (B) is the following formula B1:
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[0258] which is equivalent to an acid generator including a salt represented by formula (B1) of instant claim 6 when Qb1 and Qb2 are fluorine atoms, Lb1 is a divalent saturated hydrocarbon group having 2 carbon atoms in which two -CH2- are replaced by -O- and -CO-, Y is an alicyclic hydrocarbon group having 9 carbon atoms in which two -CH2- are replaced by -O- and -S(O)2-, and Z+ is an organic cation.
With regard to claim 7, Uemura et al. teaches the composition of the present invention may include at least the compound represented by General Formula (1) as an acid diffusion control agent, and may include other acid diffusion inhibitors to the extent that the effects of the present invention are not impaired. Hereinafter, the compound represented by General Formula (1) will be described as the acid diffusion control agent (C), and the other acid diffusion inhibitor will be described as the acid diffusion control agent (D) [0139] wherein preferred examples of the acid diffusion controller (D) include the following [0192]:
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[0193] which is equivalent to a salt generating an acid having an acidity lower than that of the acid generated from the above acid generator of instant claim 7.
With regard to claim 8, Uemura et al. teaches the composition of the present invention may contain a hydrophobic resin (E) [0195] and (E) is preferably a polymer having a repeating unit having at least one selected from the group consisting of a "fluorine-atom", a "silicon-atom", and a "CH3 partial structure contained in a side chain portion of a polymer", from the viewpoint of uneven distribution to the film surface layer [0196].
With regard to claim 9, Uemura et al. teaches a pattern forming method includes: (I) a step of forming a resist film (actinic ray-sensitive or radiation-sensitive film) on a support using the above-described actinic ray-sensitive or radiation-sensitive resin composition (resist film forming step) (ii) a step (exposure step) of exposing (irradiating with an actinic ray or radiation) the resist film, and (iii) a step (development step) of developing the exposed resist film using a developer [0224] and may further include the following steps. In the pattern forming method of the present invention, the exposure method in the exposure step (ii) may be immersion exposure. The pattern forming method of the present invention preferably includes (iv) a pre-heating ( PB:PreBake ) step before the (ii) exposure step. The pattern forming method of the present invention preferably includes (v) a post-exposure heating ( PEB:Post Exposure Bake ) step after (ii) the exposing step and before (iii) the developing step [0225].
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Uemura et al. (WO2019123895) in view of Yasuhiro (JP2007178858) and Utsumi et al. (U.S. 2010/0015555). Translation of ‘895 was provided by Applicant and translation of ‘858 was previously provided.
Uemura et al. teaches an active-light-sensitive or radiation-sensitive resin composition comprises: a resin; an acid generating agent that generates an acid through irradiation with active light rays or radiation; and an acid diffusion control agent, the acid diffusion control agent including a compound expressed by the General Formula (1) [abstract], specifically the following General Formula (2):
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[0156] wherein A1 is preferably -L1-CO2- [0149] where L1 is a single bond [0148], R1 and R2 can be a non-aromatic substituent, R3 and R4 can be hydrogen atoms. The substituents represented by R1, R2, R3, and R4 are not particularly limited as long as they are non-aromatic substituents, and may be an alkoxy group (linear, branched, or cyclic). The number of carbon atoms is preferably 1 to 20 [0158], and Ar2 and Ar3 are aromatic hydrocarbon groups [0143] which may have a substituent, and the substituents may be bonded to each other to form a ring [0159] and examples of the substituent include those seen on the following compound:
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[0163] and other examples of substituents include the following seen on the acid generator (B):
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[0132]. Uemura et al. does not teach specific examples of the substituents together as claimed.
However, Yasuhiro teaches other known substituents for triphenylsulfonium compounds include the following:
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[0056] and
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[0058]. Utsumi also teaches other known substituents for triphenylsulfonium compounds include the following:
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[0307] and formula (b1-0):
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[0274] where f can be 0, g can be 1, and R52 can be a cyclic hydrocarbon [0274] each demonstrating various attachment points and ring bondage. Thus, when R1 of Uemura’s formula (2) is a linear alkoxy group having 1 carbon atom, R2 is a cyclic alkyl having a substituent (-O-CO- or -O-CO-O- linking group) as demonstrated by Yasuhiro and Utsumi, and Ar2 and Ar3 are aromatic hydrocarbon groups having substituents bound to form a ring as well as each having a substituent which is a cyclic alkyl having a substituent (-O-CO- or -O-CO-O- linking group) as demonstrated by Yasuhiro and Utsumi it is equivalent to formula (I) of instant claims 10 and 20 when m1, m2 and m3 are 1, R2 and R3 are bonded to each other to form a single bond, R1 is an alkyl group having 2 carbon atoms in which the -CH2- bonded to the benzene ring is replaced by -O- at the ortho-position, and R4, R5 and R6 are -X2-R7 where X2 is *-O-CO- or *-O-CO-O- and R7 is a hydrocarbon group including an alicyclic hydrocarbon group having 3 to 10 carbon atoms at the meta-position. Uemura et al. also teaches an object of the present invention is to provide an actinic ray-sensitive or radiation-sensitive resin composition capable of forming a pattern excellent in fluctuation of pattern line width (LWR) and in-plane uniformity (CDU) [0008] and the present invention will be described in more detail with reference to Examples. Materials, use amounts, ratios, treatment contents, treatment procedures, and the like shown in the following examples can be appropriately changed without departing from the gist of the present invention. Therefore, the scope of the present invention should not be construed as being limited by the following examples [0254]. Yasuhiro also teaches a sulfonium having an alkali-decomposable group provides excellent sensitivity, resolution, pattern shape and outgassing characteristics [0009] while Utsumi teaches the substituent of formula (b1-0) provides a larger EL margin and a smaller LWR value [0586].
Although Uemura et al. does not teach a specific example of formula (1) as defined above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Uemura, in view of Yasuhiro and Utsumi, and arrive at the instant claims through routine experimentation based on the substitution of equally suitable groups for the sought invention in order to achieve optimum resist properties.
Response to Arguments
Applicant's arguments filed October 31, 2025 have been fully considered but they are not persuasive. Applicant argues together the 103 rejections over Ohashi in view of Ichikawa and Wada, further in view of Sakamoto, Uemura in view of Ichikawa and Wada, and Uemura in view of Yasuhiro and Utsumi. Specifically, the salt which meets the requirements of R4 provide excellent Mask Error Factor (MEF) as demonstrated by the Examples provided in the specification and the additional data previously provided in the Declaration filed March 25, 2025. Ohashi is a primary reference relied upon by the Examiner as is Uemura. Ichikawa, Wada, Utsumi and Yasuhiro provide other cations. However, these references do not teach or suggest a salt which meets the claimed requirements. Ohashi and Uemura provide many specific examples of their general formulae. However, the does not have, not only -X2-R7 as R4 but also R1. Besides, Ichikawa, Wada, Utsumi, and Yasuhiro provide many specific examples but they do not have, not only -CO2-, but also R1. There is no motivation to modify the structures of the above salts so as to meet the claimed requirements. Moreover, the cited references do not teach or suggest the above noted effects that can be achieved by the claimed invention.
The Examiner respectfully disagrees. Ohashi and Uemura each teach sulfonium salts having the attached carboxylic acid anion (i.e. zwitterions) [0039] and [0156] respectively. Each of the general formulae of Ohashi and Uemura provide a broad teaching for the various substituents that can also be attached (Ohashi [0040] and [0043]) and (Uemura [0158] and [0163]) respectively. Ichikawa, Wada, Utsumi, and Yasuhiro each teach other known substituents for sulfonium salts [0037], [page 7], [0056-0058], and [0307] respectively. Further, each of the cited references teach beneficial properties associated with the zwitterions and the substituents themselves. Specifically, Ohashi teaches the inventive salt (zwitterion) provides a resist film which is improved in resolution, LWR, MEF and CDU when processed by DUV lithography and EUV lithography [0009] and Uemura teaches the inventive salt (zwitterion) provides an actinic ray-sensitive or radiation-sensitive resin composition capable of forming a pattern excellent in fluctuation of pattern line width (LWR) and in-plane uniformity (CDU) [0008]; while Ichikawa, Wada, Utsumi, and Yasuhiro teach the (lactone) ring attached via a linking group to an aromatic sulfonium salt provides a photoresist pattern having good pattern profile, good MEF and good DOF [0179], good line edge roughness and pattern profile, and improved in the contrast of sensitivity and dissolution in EUV exposure [0727], excellent sensitivity, resolution, pattern shape and outgassing characteristics [0009], and a larger EL margin and a smaller LWR value [0586] respectively. Further, Ohashi and Uemura each disclose additional modifications can be made to the examples explicitly given (Ohashi [0157] and [0224]) and (Uemura [0254] respectively. Therefore, given the general teachings of Ohashi and Uemura along with their beneficial properties and directions to modify, taken together with the known sulfonium substituents and beneficial properties associated therewith taught by Ichikawa, Wada, Utsumi, and Yasuhiro, one of ordinary skill in the art would have arrived at the instant claims through routine experimentation of substituting equally suitable groups with a reasonable expectation of success regarding resolution, LWR, MEF, CDU, pattern profile, DOF, LER, sensitivity, outgassing, and/or EL margin.
Applicant requests the nonstatutory double patenting rejections over U.S. Patent No. 11,385,542, U.S. Patent No. 11,550,219, and U.S. Patent No. 12,105,419 be held in abeyance until the claims are deemed to be in condition for allowance.
The Examiner maintains the nonstatutory double patenting rejections for reasons of record.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/Anna Malloy/Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737