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 .
Amendments to the claims were submitted on 06/03/2026, new claim 23 is added, claim 22 is canceled, and the 112(d) rejection to claim 19 is withdrawn.
Claim Status
Claims 1-11, 13, 15-21, and 23 are under consideration
Claims 12, 14, and 22 are canceled
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US20150111154A1, published 2015) in view of Yokokawa (US 20160024005 A1, published 2016) (as further evidenced by JP2010243773A, having been incorporated by Yokokawa).
Regarding claims 7-9, and 11,
Takahashi teaches a photosensitive resin composition comprising a resin (P) (first polymer, photoresist polymer) with an acid labile group, a photoacid generator compound (B) (photoactive compound) [abstract], and that Resin (P) may contain a repeating unit comprising a carboxylic acid protected with an acid labile group [0027].
Takahashi teaches their compound (B) may be a photo-initiator for radical photopolymerization (free-radical generator) [0340].
Takahashi also teaches further including a dye and/or photosensitizer [0779].
Takahashi teaches including a basic compound [0650].
Takahashi fails to teach a photobase generator as their basic compound.
Yokokawa, analogous art, teaches a similar radiation-sensitive resin composition [abstract] comprising of a resin (A) having a group capable of decomposing by an action of an acid (acid-labile group) [0284], a hydrophobic resin which includes a fluorine atom-containing resin [0657-0658], a photoacid generator [0107], and a basic compound [0563] which may be a photodecomposable basic compound or a photobase generator [0608], where the photobase generator may be a compound described in JP-A-2010-243773. JP-A-2010-243773 (JP2010243773A) discloses specific examples of photobase generators including ２－ベンジル－２－ジメチルアミノ－１ （４－モルホリノフェニル）－ブタノン (2-benzyl-2-dimethylamino-1 (4-morpholino phenyl) butanone, an alpha aminoketone shown below as exemplified by https://chem.echa.europa.eu/100.100.600/overview) [0021, page 3 paragraph 4 of the provided translation].
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As both Takahashi and Yokokawa teach similar compositions, it would have been obvious to a person of ordinary skill in the art that using the photoacid generator of Yokokawa as the basic compound of Takahashi would result in a comparable and expected radiation-sensitive resin composition.
That is, the substitution of the photobase generator of Yokokawa for the basic compound of Takahashi, absent unexpected results, would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application with the predictable result of forming a radiation-sensitive resin composition. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (See MPEP § 2143, B).
Takahashi teaches a hydrophobic resin (D) (second polymer, protective polymer) which may contain a repeating unit with one or more fluorine atoms [0525-0529].
Takahashi teaches their resin (D) may have an acid group (x) [0604-0606], which may be the following (with an NH2 group, instant polar functional group) [0612], and which is preferably 1 to 50 mol %, more preferably 3 to 35 mol %, and even more preferably 5 to 20 mol %, based on all the repeating units in hydrophobic resin (D) [06111]. Although silent to wt.%, 1 to 50 mol % would be expected to be about 1 to 50 wt.%, overlapping the instantly claimed range, and reading on instant claim 7.
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Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Takahashi teaches examples of the fluorine containing repeating unit may include —C(CF3)2OH [0531-0544], reading on instant claim 8, and may include the following example showing a polymer main chain formed from C2-3 monomer (where X1 may be H, F, CH3, or CF3), reading on instant claims 9.
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Takahashi teaches resin (D) is preferably 1,000 to 100,000, more preferably 1,000 to 50,000, and even more preferably 2,000 to 15,000 [0642]. Takahashi further teaches examples of resin (D) such as HR-1 [0648] with a molecular weight of 4900, well within the instant claimed range, reading on instant claim 11.
Regarding claim 10,
Takahashi teaches the content of the fluorine atoms in their resin (D) is preferably 5-80% by mass and that the repeating unit with fluorine is preferably 10 to 100 mol% [0639]. While silent to a wt.% of a fluorocarbon pendant group excluding the polymer backbone and linking group, it would be obvious to a person of ordinary skill in the arts that the fluorine pendant groups of Takahashi would overlap the instant claimed range of 0.1 to 10 wt.%, reading on instant claim 10. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Claims 1, 3-6, 13, 15-21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US20150111154A1, published 2015) and Yokokawa (US 20160024005 A1, published 2016) (as further evidenced by JP2010243773A, having been incorporated by Yokokawa) as applied to claim 7 above, and further in view of Thackeray (US20170031244A1, Published 02/02/2017).
Regarding claims 1, 5-6, 13, 15, 18-21, and 23,
Takahashi teaches a photosensitive resin composition comprising a resin (P) (first polymer, photoresist polymer) with an acid labile group, a photoacid generator compound (B) (photoactive compound) [abstract], and that Resin (P) may contain a repeating unit comprising a carboxylic acid protected with an acid labile group [0027].
Takahashi teaches a hydrophobic resin (D) (second polymer, protective polymer) which may contain a repeating unit with one or more fluorine atoms [0525-0529].
Takahashi teaches examples of the fluorine containing repeating unit may include —C(CF3)2OH or a pentafluoroethyl group [0531-0544], reading on instant claim 5, and may be the following example showing a polymer main chain formed from C2-3 monomer, reading on instant claim 6 and 15, with a -C(=O)O- linking group, reading on instant claim 18.
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Takahashi also teaches the partial structure including a fluorine atom may be bonded to the main chain through a group such as an amide bond (containing an -N- linking group) [0542].
Takahashi teaches their pendant fluorine containing group may be an alkyl group having a fluorine atom may be represented by formulae (F3) or (F4) [0531, 0535].
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Takahashi teaches specific examples of the group represented by Formula (F3) include a nonafluorobutyl group [0540] and specific examples of the group represented by Formula (F4) include —C(CF3)2OH [0541], where the pendant fluorine containing group may be bonded to the main chain through a group selected from the group consisting of an alkylene group, an ether bond, an ester bond, or a group formed by combining two or more thereof [0542].
A nonafluorobutyl group bonded through an ester bond aligns with the following instant fluorocarbon pendant group.
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A nonafluorobutyl group bonded through a combination of a methylene (C1 alkylene group) and ether group aligns with the following instant fluorocarbon pendant group.
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A —C(CF3)2OH group bonded through an ester bond aligns with the following instant fluorocarbon pendant group.
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Given that Takahashi discloses the pendant fluorocarbon group that encompasses the presently claimed pendant fluorocarbon group, including the above disclosed pendant fluorocarbon groups and linking groups, it therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application, to use the pendant fluorocarbon group of Takahashi, which is both disclosed by Takahashi and encompassed within the scope of the present claims and thereby arrive at the claimed invention, reading on instant claim 19.
Takahashi does not teach their composition further comprising metal oxide nanoparticles.
Thackeray, analogous art, teaches a composition which may be a photoresist composition [claims 1 and 9], comprising of a nanoparticle comprising of a core and a coating comprising of a ligand such as a carboxylic acid [claim 1, 0078], where the core may be an oxide of any metal element and may include an oxide of lithium, beryllium, sodium, magnesium, aluminum, silicon, calcium, potassium, manganese, scandium, titanium, vanadium, chromium, zinc, iron, cobalt, nickel, copper, gallium, germanium, arsenic, selenium, zirconium, rubidium, strontium, yttrium, niobium, molybdenum, technetium, ruthenium, tin, cadmium, indium, cesium, antimony, tellurium, neodymium, barium, lanthanum, cerium, praseodymium, terbium, promethium, samarium, europium, gadolinium, ytterbium, dysprosium, holmium, erbium, thulium, rhenium, lutetium, hafnium, tantalum, tungsten, thallium, lead, and bismuth. (metal oxide nanoparticle) [0076-0077]. Takahashi teaches inclusion of metal oxide nanoparticles can improve pattern transfer, especially for small pattern size (25 nm) and thin films [0062].
As both teach photoresist compositions, it would have been obvious to a person of ordinary skill in the art to use the metal oxide particles of Thackeray with the composition of Takahashi in order to improve pattern transfer as taught by Thackeray, reading on instant claims 1, 13, 21, and 23.
Takahashi teaches resin (D) is preferably 1,000 to 100,000, more preferably 1,000 to 50,000, and even more preferably 2,000 to 15,000 [0642]. Takahashi further teaches examples of resin (D) such as HR-1 [0648] with a molecular weight of 4900, well within the instant claimed range, reading on instant claim 20.
Regarding claim 3,
Takahashi teaches a film formed from their composition has a receding contact angle that is preferably 60° to 90°, and more preferably 70° or more [0818], overlapping the instant claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Regarding claim 4,
Takahashi teaches the content of the fluorine atoms in their resin (D) is preferably 5-80% by mass and that the repeating unit with fluorine is preferably 10 to 100 mol% [0639]. While silent to a wt.% of a fluorocarbon pendant group excluding the polymer backbone and linking group, it would be reasonable to a person of ordinary skill in the arts that the fluorine pendant groups of Takahashi would overlap the instant claimed range of 0.1 to 10 wt.%. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Regarding claim 17,
Takahashi teaches the content of the fluorine atoms in their resin (D) is preferably 5-80% by mass and that the repeating unit with fluorine is preferably 10 to 100 mol% [0639]. While silent to a wt.% of a fluorocarbon pendant group excluding the polymer backbone and linking group, it would be reasonable to a person of ordinary skill in the arts that the fluorine pendant groups of Takahashi would overlap the instant claimed range of 0.1 to 10 wt.%. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Regarding claim 16,
Takahashi teaches resin (D) may include a repeating unit with group (x) which may be a carboxylic acid group such as the following containing an OH group [0608-0612].
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Takahashi further teaches repeating unit with group (x) is preferably 1 to 50 mol %, more preferably 3 to 35 mol %, and even more preferably 5 to 20 mol %, based on all the repeating units in hydrophobic resin (D). While silent to wt.%, it would be reasonable to a person of ordinary skill in the art that the polar group -OH have a wt.% that overlaps the instant claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (US20150111154A1, published 2015) in view of Yokokawa (US 20160024005 A1, published 2016) (as further evidenced by JP2010243773A, having been incorporated by Yokokawa) and Thackeray (US20170031244A1, Published 02/02/2017) as applied to claim 1 above, and further in view of Tsubaki (US20180217503A1, with a priority date of 9/30/2015).
Regarding claim 2,
Takahashi et al fail to teach forming a film with a thickness of 0.1-20 nm.
Tsubaki teaches a similar resist film forming composition comprising a hydrophobic resin, acid generator and solvent, and is formed with a thickness of 5-300 nm [0230, 0577], overlapping the instant claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.
It would have been obvious to a person of ordinary skill in the art that the composition of Takahashi could be used to form a film thickness of 5-300 nm as taught by Tsubaki, as both teach similar resist composition comprising a hydrophobic resin.
Response to Arguments
Applicant’s arguments filed 06/03/2026 with respect to the 103 rejections in view of DiPietro have been fully considered and are persuasive, particularly in view of the new claim amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yokokawa. The above rejections have been updated accordingly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20160334703 A1 teaches similar photoresist composition comprising of a first resin, a second fluorinated resin, a PAG, and a PBG.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Lee whose telephone number is (571)272-2261. The examiner can normally be reached M-Th 7:30-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571) 272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.N.L./Examiner, Art Unit 1737
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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