DETAILED ACTION
Claims 1, 4, 7, 8, and 10-20 are pending. Claims 2, 3, 5, 6, and 9 were previously canceled and claims 18-20 have been added.
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 § 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, 4, 7, 8, and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kawabata et al. (WO2018043467) in view of Akitoshi et al. (JP2015129791) and Minegishi et al. (U.S. 2014/0120462). Translation ‘791 attached and translation of ‘467 previously provided.
Kawabata et al. teaches a resin composition containing a heterocycle-containing polymer precursor selected from a polyimide precursor and a polybenzoxazole precursor (hereinafter, simply referred to as "heterocycle-containing polymer precursor") and an acidic compound having a pKa of 4.0 or less [0011] (claim 10) and an example of the polybenzoxazole precursors include a polybenzoxazole precursor obtained from 4,4'-oxydibenzoyl chloride, 2,2'-bis(3-amino-4-hydroxyphenyl)hexafluoropropane, and methacrylic acid chloride [0054] which is equivalent to component (A) polybenzoxazole precursor represented by formula (I) of instant claims 1 and 18-20 when U is a divalent aliphatic hydrocarbon group represented by formula (UVI) when a1 is 1 and R1 and R2 are fluorinated alkyl groups including 1 carbon atom, and V is a divalent organic group in which two divalent aromatic hydrocarbon groups are bonded through an oxygen atom. Kawabata et al. also teaches the photosensitive resin composition of the present invention may contain components other than the heterocycle-containing polymer precursor, the acidic compound having a pKa of 4.0 or less, and the photopolymerization initiator. Specific examples include solvents and polymerization inhibitors [0082] where the combined use of dimethyl sulfoxide and γ-butyrolactone is particularly preferable [0102] in which dimethyl sulfoxide is equivalent to formula (11) of instant claims 1 and 4 when R31 and R32 are alkyl groups including 1 carbon atom. Kawabata et al. further teaches the photosensitive resin composition preferably contains a migration inhibitor. By containing a migration inhibitor, it is possible to effectively suppress the migration of metal ions derived from the metal layer (metal wiring) into the photosensitive resin composition layer [0137] and specific examples of the migration inhibitor include 1H-1,2,3-triazole and 1H-tetrazole [0140] which are equivalent to (C) a triazole derivative and tetrazole derivative respectively of instant claim 1. Kawabata et al. also teaches the photosensitive resin composition of the present invention preferably contains a metal adhesion improver for improving adhesion to metal materials used in electrodes, wiring, etc. Examples of the metal adhesion improver include a silane coupling agent. Examples of the silane coupling agent include the compounds described in paragraphs [0062]-[0073] of Japanese Patent Application No 2014-191002, the compounds described in paragraphs [0063]-[0071] of the International Disclosure WO 2011/080992 A1, the compounds described in paragraphs [0060]-[0061] of Japanese Patent Application No 2014-191252 (Takahashi), the compound described in paragraphs [0045]-[0052] of Japanese Patent Application No 2014-41264, and the compound described in paragraph [0055] of the International Publication WO 2014/097594. In addition, two or more different silane coupling agents may be used as described in paragraphs [0050]-[0058] of Japanese Patent Application No 2011-128358. In addition, the silane coupling agent preferably uses the following compound. In the following formula, Et represents an ethyl group:
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[0143-0144] wherein the middle compound on the left column is equivalent to (D1) bis(2-hydroxyethyl)-3-aminopropyltriethoxysilane of instant claim 1 and the bottom compound on the left column is equivalent to (D2) 3-ureidopropyltriethoxysilane of instant claim 1. Kawabata et al. further teaches the metal adhesiveness improver may be only one or two or more. In the case of using two or more types, it is preferable that the sum thereof is the above-described range [0146].
Kawabata et al. does not teach a combination of silanes (D1), (D2), and (D3) as claimed.
However, Akitoshi et al. teaches a positive photosensitive resin composition in Examples 1-9 comprising 100 parts of a polybenzoxazole precursor A1 together with, among other components, 3 parts E1, 6 parts E2, and 0.5 parts E3 [0099] which are the following adhesion aids:
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[0096] which are equivalent to (D2) 3-ureidopropyltriethoxysilane, (D1) bis(2-hydroxyethyl)-3-aminopropyltriethoxysilane, and (D3) 3-glycidoxypropyltrimethoxysilane respectively of instant claim 1.
Akitoshi et al. fails to provide a reason for using all three adhesion aids together.
However, Minegishi et al. teaches a photosensitive resin composition comprising (a) a polybenzoxazole precursor, (b) a sensitizer, (c) a solvent, (d) a cross-linking agent, and (e) a heterocyclic compound which has a hydroxyl group, an alkoxy group or a carboxyl group within the molecule [0029] and in addition to the above-mentioned components (a) to (e), (1) a silane coupling agent, (2) a dissolution accelerator, (3) a dissolution inhibitor, (4) a surfactant or a leveling agent or the like may be compounded [0100] wherein by using a silane coupling agent having a urea bonding within the molecule in the composition of the invention, it is possible to further enhance the adhesiveness with the substrate when curing is conducted at low temperatures of 250°C or less [0101] and specific examples of the compound represented by the formula (XVII) include ureidomethyltrimethoxysilane, ureidomethyltriethoxysilane, 2-ureidoethyltrimethoxysilane, 2-ureidoethyltriethoxysilane, 3-ureidopropyltrimethoxysilane, 3-ureidopropyltriethoxysilane, 4-ureidobutyltriethoxysilane and 4-ureidobutyltriethoxysilane [0103] which are equivalent to (D2) of instant claim 1. Minegishi et al. also teaches if a silane coupling agent having a hydroxy group or a glycidyl group is used in combination with the above-mentioned silane coupling agent having a urea bonding within the molecule, adhesiveness of a cured film to a substrate at the time of curing at low temperatures is further improved [0104] and as such a silane coupling agent, glycidoxymethyltrimethoxysilane, glycidoxymethyltriethoxysilane, 2-glycidoxyethyltrimethoxysilane, 2-glycidoxyethyltriethoxysilane, 3-glycidoxypropyltrimethoxysilane, 3-glycidoxypropyltriethoxysilane, 4-glycidoxybutyltrimethoxysilane, 4-glycidoxybutyltriethoxysiane or the like can be given [0107] which are equivalent to (D3) of instant claim 1; and the silane coupling agent containing a hydroxy group or a glycidyl group is preferably one which contains, together with a hydroxy group or a glycidyl group, a group containing a nitrogen atom, i.e. an amino group or an amide bond. As the silane coupling agent that contains an amino group, bis(2-hydroxymethyl)-3-aminopropyltriethoxysilane, bis(2-hydroxymethyl)-3-aminopropyltrimethoxysilane, bis(2-glycidoxymethyl)-3-aminopropyltriethoxysilane, bis(2-hydroxymethyl)-3-aminopropyltrimethoxysilane or the like can be mentioned [0108] which are equivalent to (D1) and (D3) of instant claim 1. Minegishi et al. also teaches when a silane coupling agent is used, the content thereof is preferably 0.1 to 20 parts by mass, more preferably 1 to 10 parts by mass, and further preferably 0.3 to 10 parts by mass, relative to 100 parts by mass of the component (a) [0109]. Kawabata et al. further teaches the content of the metal adhesiveness improver (silane coupling agent) is preferably 0.1-30 parts by mass per 100 parts by mass of the heterocycle-containing polymer precursor, and more preferably in the range of 0.5-15 parts by mass. By setting to 0.1 parts by mass or more, the adhesion between the cured film and the metal layer after the curing step becomes good, and the heat resistance and mechanical characteristics of the cured film after the curing step are improved by setting the cured film to 30 parts by mass or less. The metal adhesiveness improver may be only one or two or more. In the case of using two or more types, it is preferable that the sum thereof is the above-described range [0146] which overlaps with the instantly claimed range of 0.1 to 20 parts by mass, specifically 2.0 to 6.5 parts by mass of component (D1) per 100 parts by mass of component (A) (claims 7 and 8). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the specific teachings of Kawabata et al. to include three silane coupling agents as taught by Akitoshi and Minegishi in the specified amount and arrive at the instant claims through routine experimentation of combining equally suitable components for the sought invention in order to achieve optimum adhesiveness to a given substrate.
With regard to claims 11-17, Kawabata et al. teaches the photosensitive resin composition can be cured and used as a cured film. Fields to which the method for producing a cured film can be applied include insulating films of semiconductor devices, particularly interlayer insulating films for rewiring layers. The photosensitive resin composition is suitable for negative development. It is also suitable for use in development using a developer containing an organic solvent. Examples of organic solvents used in the developer include organic solvents that may be added to the photosensitive resin composition, and cyclopentanone is preferred. That is a cured film obtained by curing the photosensitive resin composition, and a semiconductor device having the cured film. In addition, the present invention discloses a method for producing a cured film comprising a step of applying the photosensitive resin composition to a substrate and a step of curing the photosensitive resin composition applied to the substrate. Furthermore, the method for producing the cured film preferably includes a step of exposing the cured film and performing negative development, and it is more preferred that the development is performed using a developer containing an organic solvent. The cured film of the present invention can also be used as a photoresist for electronics (galvanic resist, etching resist, solder top resist), etc. The cured film can also be used in the manufacture of printing plates such as offset printing plates or screen printing plates, for use in etching molded parts, and in the manufacture of protective lacquers and dielectric layers in electronics, especially microelectronics, etc. Next, an embodiment of a semiconductor device using the photosensitive resin composition as an interlayer insulating film for a rewiring layer will be described. The semiconductor device 100 shown in FIG. 1 is a so-called three-dimensional mounting device, and a laminate 101 in which a plurality of semiconductor elements (semiconductor chips) 101a to 101d are laminated is disposed on a wiring board 120. In this embodiment, the number of layers of the semiconductor elements (semiconductor chips) is mainly described as four layers, but the number of layers of the semiconductor elements (semiconductor chips) is not particularly limited, and may be, for example, two layers, eight layers, sixteen layers, thirty-two layers, etc. Also, it may be one layer [0161-0162].
Response to Arguments
Applicants’ arguments filed June 30, 2026 have been fully considered but they are not persuasive. Applicant argues regarding the 103 rejection over Kawabata in view of Akitoshi and Minegishi, none of the cited references teaches or suggests a resin composition comprising the combination of component (A), component (B), component (C), compound (D1), component (D2), and component (D3). Furthermore, the presently claimed subject matter would have provided unexpectedly superior results over Kawabata, see specification and Declaration filed 9/9/25. Specifically, the compositions including the claimed components provided better adhesiveness to Cu and SiN than the compositions that did not include each of the claimed components. Kawabata merely teaches a metal adhesion improver but does not teach or suggest how it should be evaluated, nor which metals are used. Based on the teachings of Minegishi, one of ordinary skill in the art would not expect the improved adhesion could be achieved without Minegishi’s component (e). Thus, one of ordinary skill in the art would not expect the superior results shown in Tables 1 and 2 of the specification and Table B of the declaration based on the teachings of Kawabata (either alone or in combination with Akitoshi and Minegishi).
The Examiner respectfully disagrees. While the Examiner understands that evidence of unexpected results must be compared with the closest prior art, the current rejection is a combination-type rejection. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The combined teachings of Kawabata, Akitoshi, and Minegishi teach the claimed composition in which improved adhesion to a metal substrate is sought and achieved. Additionally, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In the instant case, Kawabata teaches within the entire disclosure all of the claimed components [0011], [0102], [0140], and [0143-0144]. Kawabata fails to explicitly teach the use of three silane coupling agents together. However, Akitoshi teaches such use in known in the art [0096]. Further, Minegishi teaches the benefits of using each of the three types of silane coupling agents claimed, i.e. hydroxy-, ureido-, and glycidoxy-type silanes [0101-0108]. Therefore, the instant claims would have been obvious based on the combined teachings of Kawabata, Akitoshi, and Minegishi with the expectation of improved adhesion to the corresponding substrate. Furthermore, Minegishi’s component (e) corresponds to Applicant’s claimed tetrazole derivative. Thus, the combination of multiple components known to improve adhesion to the substrate would necessarily be expected to provide optimum adhesion results. Additionally, it is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose…[T]he idea of combining them flows logically from their having been individually taught in the prior art. In re Kerkhoven, 205 USPQ 1069 1072. In the instant case, it would have been obvious to one of ordinary skill in the art to use three silane coupling agents along with a tetrazole derivative through routine experimentation of combining equally suitable components for the sought invention in order to greatly improve the photosensitive resin compositions adhesion to the corresponding substrate.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA E MALLOY whose telephone number is (571)270-5849. The examiner can normally be reached 6:30-3:00 EST M-F.
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/Anna Malloy/Examiner, Art Unit 1737
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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