DETAILED ACTION
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 .
Election/Restriction
Applicants’ 19 JAN 2026 election with traverse of Invention I, claims 1-12, is acknowledged. Applicants assert that an overlapping search area may exist between Inventions I and II and therefore, there would be no undue burden to search or examine the inventions together. ELC. pages 1-2. Applicants’ assertion is not persuasive because: 1. Inventions I and II may refer to different embodiments of an invention (cf. MPEP §§ 806.04(e) and 806.04(f)); 2. each invention may require a different field of search (e.g., searching different classes/subclasses or e-resources, or employing different search queries); 3. prior art applicable to one invention would not likely be applicable to another invention; and/or 4. Inventions I and II are likely to raise different prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112(a). Accordingly, the restriction requirement in this application is still deemed proper and is therefore made FINAL.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Invention II, there being no allowable generic or linking claim. See 3 DEC 2025 Requirement for Restriction.
Priority
Acknowledgment is made of applicants' claim for foreign priority based on an application filed in KOREA on 18 NOV 2021. It is noted that applicants have filed a certified copy of said application as required by U.S.C 119, which papers have been placed of record in the file. See 21 JUN 2022 submission.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 12 MAY 2022 and 9 JUL 2025 were filed before the mailing of a first Office action on the merits. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDSs are being considered by the examiner.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-8, and 10-12 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ishibe (JP 2016018133; below, “Ishibe” – 9 JUL 2025 IDS noted reference).
RE 1, Ishibe, in Abstract, claims 1-9, paragraphs [0001]-[0167], discloses a hardmask-forming compound including a moiety represented by Formula 1:
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wherein, in Formula 1,
R is a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C1 to C30 alkoxy group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C2 to C30 alkynyl group, a substituted or unsubstituted C1 to C30 heteroalkyl group, a substituted or unsubstituted C1 to C30 alkylamine group, a substituted or unsubstituted C1 to C30 alky ether group, a substituted or unsubstituted C1 to C30 haloalkyl group, a substituted or unsubstituted C3 to C30 cycloalkyl group, a substituted or unsubstituted C3 to C30 cycloalkenyl group, a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C7 to C30 arylalkyl group, a substituted or unsubstituted C3 to C30 heterocyclic group, a substituted or unsubstituted C7 to C30 arylalkylene ether group, or a combination thereof,
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each R is separate or forms a ring along with a boron atom included in Formula 1, and
a is an integer ranging from 1 to 50 (e.g., Abstract, claim 2, [0103]).
Thus, Ishibe anticipates this claim.
RE 2, Ishibe discloses the hardmask-forming compound as claimed in claim 1, wherein, in Formula 1, R is a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C1 to C30 alkoxy group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C2 to C30 alkynyl group, a substituted or unsubstituted C1 to C30 heteroalkyl group, a substituted or unsubstituted C1 to C30 alkylamine group, or a combination thereof (e.g., Abstract, claim 2, [0103]).
RE 3, Ishibe discloses the hardmask-forming compound as claimed in claim 1, wherein:
in Formula 1, R is a group represented by Formula 1A:
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in Formula 1A,
Ra1, Ra2, Ra3, Ra4, and Ra5 are each independnetly a hydrogen atom, a hydroxy group, a substituted or unsubstituted C1 to C20 alkyl group, a substituted or unsubstituted C1 to C20 alkoxy group, a substituted or unsubstituted C2 to C20 alkenyl group, a substituted or unsubstituted C2 to C20 alkynyl group, a substituted or unsubstituted C1 to C20 heteroalkyl group, a substituted or unsubstituted C1 to C20 alkylamine group, a substituted or unsubstituted C1 to C20 alky ether group, a substituted or unsubstituted C1 to C20 haloalkyl group, a substituted or unsubstituted C3 to C20 cycloalkyl group, a substituted or unsubstituted C3 to C20 cycloalkenyl group, a substituted or unsubstituted C6 to C20 aryl group, a substituted or unsubstituted C7 to C20 arylalkyl group, a substituted or unsubstituted C3 to C20 heterocyclic group, a substituted or unsubstituted C7 to C20 arylalkylene ether group, or a combination thereof,
Ra1, Ra2, Ra3, Ra4, and Ra5 are separate or at least one of Ra1, Ra2, Ra3, Ra4, and Ra5 forms a ring along with another atom included in Formula 1A, and
* denotes a bonding site (e.g., [0109], [0150]).
RE 5, Ishibe discloses the hardmask-forming compound as claimed in claim 1, wherein, in Formula 1, R includes a fused polycyclic group (e.g., [0150]).
RE 6, Ishibe, in Abstract, claims 1-9, paragraphs [0001]-[0167], discloses a hardmask-forming compound including a moiety represented by Formula 2:
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wherein, in Formula 2,
R1 and R2 have different structures from each other,
R1 and R2 are each independently a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C1 to C30 alkoxy group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C2 to C30 alkynyl group, a substituted or unsubstituted C1 to C30 heteroalkyl group, a substituted or unsubstituted C1 to C30 alkylamine group, a substituted or unsubstituted C1 to C30 alky ether group, a substituted or unsubstituted C1 to C30 haloalkyl group, a substituted or unsubstituted C3 to C30 cycloalkyl group, a substituted or unsubstituted C3 to C30 cycloalkenyl group, a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C7 to C30 arylalkyl group, a substituted or unsubstituted C3 to C30 heterocyclic group, a substituted or unsubstituted C7 to C30 arylalkylene ether group, and a combination thereof,
R1 and R2 are each separately present, or at least one of R1 and R2 forms a ring along with a boron atom included in Formula 2,
b1 and b2 are each independently an integer ranging from 1 to 50, and
b1/(b1+b2) is in a range of 0.1 to 0.9 (e.g., Abstract, claim 2, [0103]).
RE 7, Ishibe discloses the hardmask-forming compound as claimed in claim 6, wherein, in Formula 2, one of R1 and R2 is a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C3 to C30 alkynyl group, a substituted or unsubstituted C1 to C30 alkoxy group, or a combination thereof (e.g., Abstract, claim 2, [0103]).
RE 8, Ishibe discloses the hardmask-forming compound as claimed in claim 6, wherein:
in Formula 2, one of R1 and R2 is a group represented by Formula 1A:
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in Formula 1A,
Ra1, Ra2, Ra3, Ra4, and Ra5 are each independnetly a hydrogen atom, a hydroxy group, a substituted or unsubstituted C1 to C20 alkyl group, a substituted or unsubstituted C1 to C20 alkoxy group, a substituted or unsubstituted C2 to C20 alkenyl group, a substituted or unsubstituted C2 to C20 alkynyl group, a substituted or unsubstituted C1 to C20 heteroalkyl group, a substituted or unsubstituted C1 to C20 alkylamine group, a substituted or unsubstituted C1 to C20 alky ether group, a substituted or unsubstituted C1 to C20 haloalkyl group, a substituted or unsubstituted C3 to C20 cycloalkyl group, a substituted or unsubstituted C3 to C20 cycloalkenyl group, a substituted or unsubstituted C6 to C20 aryl group, a substituted or unsubstituted C7 to C20 arylalkyl group, a substituted or unsubstituted C3 to C20 heterocyclic group, a substituted or unsubstituted C7 to C20 arylalkylene ether group, or a combination thereof,
Ra1, Ra2, Ra3, Ra4, and Ra5 are separate or at least one of Ra1, Ra2, Ra3, Ra4, and Ra5 forms a ring along with another atom included in Formula 1A, and
* denotes a bonding site (e.g., [0109], [0150]).
RE 10, Ishibe discloses the hardmask-forming compound as claimed in claim 6, wherein, in Formula 2, one of R1 and R2 includes a fused polycyclic group (e.g., [0150]).
RE 11, Ishibe discloses a hardmask composition, comprising:
the hardmask-forming compound as claimed in claim 1; and
a solvent (e.g., [0072]-[0084], [0126]-[0128]).
RE 12, Ishibe discloses a hardmask composition, comprising:
the hardmask-forming compound as claimed in claim 6; and
a solvent (e.g., [0072]-[0084], [0126]-[0128]).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows (Graham Factors):
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 4 and 9 are rejected under 35 U.S.C. 103 as obvious over Ishibe with evidence from and/or in view of MOON et al. (US 20210140048. At least “combining prior art elements”, “simple substitution”, “obvious to try”, and “applying a known technique to a known device/method” rationales support a conclusion of obviousness. MPEP § 2143(A)-(G).
RE 4, Ishibe is silent regarding the hardmask-forming compound as claimed in claim 1, wherein:
in Formula 1, R is a group represented by Formula 1B:
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in Formula 1B,
Rb1, Rb2, Rb3, and Rb4 are each independently a hydrogen atom, a hydroxy group, a substituted or unsubstituted C1 to C20 alkyl group, a substituted or unsubstituted C1 to C20 alkoxy group, a substituted or unsubstituted C2 to C20 alkenyl group, a substituted or unsubstituted C2 to C20 alkynyl group, a substituted or unsubstituted C1 to C20 heteroalkyl group, a substituted or unsubstituted C1 to C20 alkylamine group, a substituted or unsubstituted C1 to C20 alky ether group, a substituted or unsubstituted C1 to C20 haloalkyl group, a substituted or unsubstituted C3 to C20 cycloalkyl group, a substituted or unsubstituted C3 to C20 cycloalkenyl group, a substituted or unsubstituted C6 to C20 aryl group, a substituted or unsubstituted C7 to C20 arylalkyl group, a substituted or unsubstituted C3 to C20 heterocyclic group, a substituted or unsubstituted C7 to C20 arylalkylene ether group, or a combination thereof,
Rb1, Rb2, Rb3, and Rb4 are separate, or at least one of Rb1, Rb2, Rb3, and Rb4 forms a ring along with another atom included in Formula 1B, and
* denotes a bonding site.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to use a group represented by Formula 1B; since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (CCPA 1960). As evidence, see paragraphs [0097]-[0102] of MOON.
MOON, in FIGS. 1-16 and related text, e.g., Abstract, paragraphs [0004] to [0267], claims 1-20, teaches a material layer including a semimetal (e.g., boron, [0021], claim 17) and a cyclopentadiene (e.g., [0097]-[0102]).
Ishibe and MOON are analogous art from the same field of endeavor as the claimed invention. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify Ishibe as taught by MOON because: 1. cyclopentadiene is functionally equivalent alternate expedient, i.e., simple substitution; and 2. all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398 (2007).
RE 9, Ishibe is silent regarding the hardmask-forming compound as claimed in claim 6, wherein:
in Formula 2, one of R1 and R2 is a group represented by Formula 1B:
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in Formula 1B,
Rb1, Rb2, Rb3, and Rb4 are each independently a hydrogen atom, a hydroxy group, a substituted or unsubstituted C1 to C20 alkyl group, a substituted or unsubstituted C1 to C20 alkoxy group, a substituted or unsubstituted C2 to C20 alkenyl group, a substituted or unsubstituted C2 to C20 alkynyl group, a substituted or unsubstituted C1 to C20 heteroalkyl group, a substituted or unsubstituted C1 to C20 alkylamine group, a substituted or unsubstituted C1 to C20 alky ether group, a substituted or unsubstituted C1 to C20 haloalkyl group, a substituted or unsubstituted C3 to C20 cycloalkyl group, a substituted or unsubstituted C3 to C20 cycloalkenyl group, a substituted or unsubstituted C6 to C20 aryl group, a substituted or unsubstituted C7 to C20 arylalkyl group, a substituted or unsubstituted C3 to C20 heterocyclic group, a substituted or unsubstituted C7 to C20 arylalkylene ether group, or a combination thereof,
Rb1, Rb2, Rb3, and Rb4 are separate, or at least one of Rb1, Rb2, Rb3, and Rb4 forms a ring along with another atom included in Formula 1B, and
* denotes a bonding site.
It would have been obvious … to use a group represented by Formula 1B; since it has been held to be within the general skill … to select a known material … as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (CCPA 1960). As evidence, see paragraphs [0097]-[0102] of MOON.
MOON, in FIGS. 1-16 and related text, e.g., Abstract, paragraphs [0004] to [0267], claims 1-20, teaches a material layer including a semimetal (e.g., boron, [0061], claim 17) and a cyclopentadiene (e.g., [0097]-[0102]).
Ishibe and MOON are analogous art from the same field of endeavor as the claimed invention. It would have been obvious … to modify Ishibe as taught by MOON because: 1. cyclopentadiene is functionally equivalent alternate expedient, i.e., simple substitution; and 2. all the claimed elements were known … and one … could have combined the elements …, and the combination would have yielded predictable results …. KSR, 550 U.S. 398 (2007).
Claims 1-12 are rejected.
Conclusion
The prior art made of record and not relied upon, Won et al. (US 20120276743), is considered pertinent to applicants’ disclosure. Won et al. does not teach, inter alia, each R is separate or forms a ring along with a boron atom included in Formula 1, and a is an integer ranging from 1 to 50.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Walter Swanson whose telephone number is (571) 270-3322. The examiner can normally be reached Monday to Thursday, 8:30 to 17:30 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Benitez, can be reached on (571)270-1435. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/WALTER H SWANSON/Primary Examiner, Art Unit 2815