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 .
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 19 February 2026 has been entered.
Response to Arguments
2. Applicant’s arguments, see page 13, line , filed 19 February 2026, with respect to the rejection of Claims 1-5, 7, 9-14, 16 and 18 under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (United States Patent Publication No. US 2017/0343898 A1), hereinafter Hatakeyama; Claims 6, 8, 15, and 17 under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (United States Patent Publication No. US 2017/0343898 A1), hereinafter Hatakeyama, and in further view of Furutani et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2019/058945 A1; utilizing United States Patent Publication No. US 2020/0192220 A1 as an English language equivalent), hereinafter Furutani; have been fully considered but they are not persuasive. Applicant has failed to cite any support in the original disclosure for claim amendments made therein, but it appears that Claims 1 and 10 have been amended to fully incorporate the limitations of Claims 3 and 12, respectively, and Claim 10 additionally has been made dependent of Claim 1, instead of being an independent claim. As such, these amendments do not substantively differentiate the claims of the present application over those which the Board affirmed the Examiner’s rejection of said claims of the present application on 19 December 2025. The only other claim amendments to the present application is to modify “comprising” to “consisting of” when limiting the first polymer of the present application to a first and a second repeating units and the second polymer of the present application to a first, second, and third repeating units. Given that the rejection of record is a 103 rejection and not a 102 rejection and Hatakeyama does not teach the necessity of anything other than said repeating units comprising what the present application terms the first and second polymer, said argument is not persuasive. Applicant further argues that the claimed composition of the present application achieves unexpectedly superior results. This too is a repetition of the same argument made before the Appeal Board and is addressed in their Decision, Page 7, Paragraph 2 to Page 8, Paragraph 1. As such, said arguments are not persuasive and the rejection of record is maintained.
Claim Rejections - 35 USC § 103
3. 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:
4. 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.
5. Claims 1-2, 4-5, 7, 9-11, 13-14, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (United States Patent Publication No. US 2017/0343898 A1), hereinafter Hatakeyama.
6. Regarding Claims 1-2, 4-5, 7, 9-11, 13-14, 16 and 18, Hatakeyama teaches (Paragraphs [0039-0043]) a first polymer comprising a first repeating unit comprising a hydroxy-aryl group. Hatakeyama teaches (Paragraphs [0044-0069]) a first polymer comprising a second repeating unit comprising an acid-labile group. Hatakeyama teaches (Paragraphs [0044-0069]) a first polymer which does not comprise a lactone group. Hatakeyama teaches (Paragraphs [0039-0043]) a second polymer comprising a first repeating unit comprising a hydroxy-aryl group. Hatakeyama teaches (Paragraphs [0044-0069]) a second polymer comprising a second repeating unit comprising an acid-labile group. Hatakeyama teaches (Paragraphs [0044-0069]) a second polymer comprising a lactone group. Hatakeyama teaches (Paragraph [0089]) a photoacid generator. Hatakeyama teaches (Paragraph [0088]) a solvent. Hatakeyama teaches (Paragraphs [0039-0043]) the first repeating unit of the first polymer is derived from one or more monomers of formula (1) of the present application. Hatakeyama teaches (Paragraphs [0044-0069]) the second repeating unit of the first polymer are each independently derived from one or more monomers of formula (2a), (2b), (2c), (2d), or (2e) of the present application. Hatakeyama teaches (Paragraphs [0044-0069]) the second repeating unit of the second polymer is derived from one or more monomers of formula (2a’), (2b’), (2c’), (2d’), or (2e’) of the present application. Hatakeyama teaches (Paragraphs [0044-0069]) the third repeating unit of the second polymer is derived from one or more monomers of formula (4) of the present application. Hatakeyama teaches (Paragraph [0089]) the photoacid generator is non-polymeric. Hatakeyama teaches (Paragraph [0089]) the photoacid generator comprises a sulfonate group on the anion. Hatakeyama teaches (Paragraph [0091]) a photo-decomposable quencher. Hatakeyama teaches (Table 1, Example 2-4) a weight ratio of the first polymer to the second polymer is 3:2. Hatakeyama teaches (Paragraph [0095]) applying a layer of a photoresist composition on a substrate. Hatakeyama teaches (Paragraph [0096]) pattern-wise exposing the photoresist composition layer to activating radiation. Hatakeyama teaches (Paragraph [0097]) developing the exposed photoresist composition layer to provide a resist relief image. Hatakeyama teaches (Paragraph [0086]) a blend of two or more polymers as therein described.
7. However, Hatakeyama fails to explicitly teach all components of the composition limited by the present application with a single experimental example. That said, all components of the composition are described with sufficient specificity by the prior art and a person of ordinary skill in the art in view of Hatakeyama would have combined the components herein limited with a reasonable expectation of success. That is to say, it would have been obvious to try.
8. Claims 6, 8, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (United States Patent Publication No. US 2017/0343898 A1), hereinafter Hatakeyama, and in further view of Furutani et al. (World Intellectual Property Organization (WIPO) Publication No. WO 2019/058945 A1; utilizing United States Patent Publication No. US 2020/0192220 A1 as an English language equivalent), hereinafter Furutani.
9. Regarding Claims 6 and 15, Hatakeyama teaches all limitations of Claims 1 and 10 as explained above, and further teaches the photoacid generator comprises a sulfonate group on the anion. However, Hatakeyama fails to explicitly teach a second photoacid generator that is non-polymeric, wherein the second photoacid generator comprises an anion that is free of sulfonate groups.
10. Furutani teaches (Paragraphs [0408-0479]) a second photoacid generator that is non-polymeric, wherein the second photoacid generator comprises an anion that is free of sulfonate groups. Furutani teaches (Paragraph [0415]) the second photoacid generator therein described also acts as an acid diffusion control agent thus suppressing the acid generated reacting with polymer(s) in the unexposed region.
11. 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 Hatakeyama to incorporate the teaching of Furutani to further comprise a second photoacid generator that is non-polymeric, wherein the second photoacid generator comprises an anion that is free of sulfonate groups. Doing so would result in the second photoacid generator acting as an acid diffusion control agent, as recognized by Furutani.
12. Regarding Claims 8 and 17, Hatakeyama teaches all limitations of Claims 1 and 10 as explained above. However, Hatakeyama fails to explicitly teach a base-labile material comprising one or more base-labile groups, wherein the base-labile material is different from the first polymer and the second polymer.
13. Furutani teaches (Paragraphs [0149-0161]) a base-labile material comprising one or more base-labile groups, wherein the base-labile material is different from the first polymer and the second polymer. Furutani teaches (Paragraph [0150]) the inclusion of a base-labile material therein described results in excellent patterns.
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 Hatakeyama to incorporate the teaching of Furutani to further comprise a base-labile material comprising one or more base-labile groups, wherein the base-labile material is different from the first polymer and the second polymer. Doing so would result in the formation of excellent patterns, as recognized by Furutani.
Conclusion
15. 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.
16. 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.
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/R.D.C./Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737