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 .
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 1-10 and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2014/0342273 A1).
Kim et al. teaches a hardmask composition comprising a monomer and a solvent [0026] wherein the monomer may be represented by Chemical Formula 1:
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148
559
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where A and A’ are the same or different and are each independently a substituted or unsubstituted aromatic group and at least one selected from the following Group 1 [0038]:
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304
609
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259
610
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259
541
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260
231
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242
542
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286
562
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183
563
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253
543
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(claims 1-7); L is a linking group of a single bond or a substituted or unsubstituted C1 to C6 alkylene group [0039] (claims 1 and 8); n is an integer ranging from 1 to 5 [0040]; and at least one of A and A’ may include a substituted or unsubstituted polycyclic aromatic group [0041] (claims 1-10). Further, the monomer may be exemplified by the following chemical formulae:
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766
949
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where A1 to A4 are each independently a substituted or unsubstituted benzene group, a naphthalene group, a pyrene group, a perylene group, a benzoperylene group, a coronene group, or a combination thereof [0022] and L1 to L3 are each independently a single bond or a substituted or unsubstituted C1 to C6 alkylene group [0023] (claims 1-10). The monomer may have a molecular weight of about 200 to about 3,000 [0052] (claim 13) and in an amount of about 0.1 to about 30 wt % based on the total amount of the hardmask composition [0057] (claim 14). The solvent of the hardmask composition may be anyone having sufficient dissolubility or dispersion for the monomer and may be, for example at least one selected from propyleneglycol, propyleneglycol diacetate, methoxy propanediol, diethyleneglycol, diethyleneglycol butylether, tri(ethyleneglycol)monomethylether, propyleneglycol monomethylether, propyleneglycol monomethylether acetate, cyclohexanone, ethyllactate, gamma-butyrolactone, methylpyrrolidone, and acetylacetone [0056] (claim 15). Kim et al. further teaches a method of forming a pattern including: providing a material layer on a substrate, applying a hardmask composition including the monomer and a solvent on the material layer, heat-treating the hardmask composition to provide a hardmask layer, forming a silicon-containing thin layer on the hardmask layer, forming a photoresist layer on the silicon-containing thin layer, forming a photoresist pattern by exposing and developing the photoresist layer, selectively removing the silicon-containing thin layer and the hardmask layer by using the photoresist pattern and exposing a part of the material layer, and etching the exposed part of the material layer [0062] (claims 16-17) wherein the heating-treating is performed between about 100 to 500 °C [0066] (claim 18).
It would have been anticipated to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of 100 to 500 °C as it falls within the claimed the range of 100 to 1000 °C because "If the prior art discloses a point within the claimed range, the prior art anticipates the claim." UCB, Inc. v. Actavis Labs. UT, Inc., 65 F.4th 679, 687, 2023 USPQ2d 448 (Fed. Cir. 2023).
Claims 1-11 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2015/0205198 A1).
Lee et al. teaches a hardmask composition comprising a monomer and a solvent [0037] wherein the monomer is represented by Chemical Formula 2:
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300
504
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where R5 to R6 are each independently hydrogen, a hydroxy group, a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C3 to C30 cycloalkyl group, a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C3 to C30 cycloalkenyl group, a substituted or unsubstituted C1 to C20 arylalkyl group, a substituted or unsubstituted C1 to C20 heteroalkyl group, a substituted or unsubstituted C2 to C30 heterocycloalkyl group, a substituted or unsubstituted C2 to C30 heteroaryl 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 C20 aldehyde group, a substituted or unsubstituted C1 to C4 alkyl ether, a substituted or unsubstituted C1 to C20 arylalkylene ether, a substituted or unsubstituted C1 to C30 haloalkyl group, or a combination thereof [0040]; and AR1 and AR2 are each independently a substituted or unsubstituted C6 to C20 aryl group [0041]. Further, the monomer may be represented by Chemical Formula 2a:
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225
571
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[0053] (claims 1-11). The solvent may be anything having sufficient dissolubility or dispersion for the monomer, but may be, for example at least one selected from propylene glycol, propylene glycol diacetate, methoxy propanediol, diethylene glycol, diethylene glycol butylether, tri(ethylene glycol) monomethyl ether, propylene glycol monomethyl ether, propylene glycol monomethyl ether acetate, cyclohexanone (or referred to be ‘anone’), ethyllactate, gamma-butyrolactone, and acetyl acetone [0059] (claim 15). Further, Lee et al. teaches a method of forming patterns according to one embodiment includes providing a material layer on a substrate, applying the hardmask composition on the material layer, heat-treating the hardmask composition to form a hardmask layer, forming a silicon-containing thin film on the hardmask layer, forming a photoresist layer on the silicon-containing thin film, exposing and developing the photoresist layer to form a photoresist pattern, selectively removing the silicon-containing thin film and the hardmask layer using the photoresist pattern to expose a part of the material layer, and etching an exposed part of the material layer [0068] (claims 16-17). The heat-treating the hardmask composition may be performed, for example about 150 to 500 °C [0072] (claim 18).
It would have been anticipated to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of 150 to 500 °C as it falls within the claimed the range of 100 to 1000 °C because "If the prior art discloses a point within the claimed range, the prior art anticipates the claim." UCB, Inc. v. Actavis Labs. UT, Inc., 65 F.4th 679, 687, 2023 USPQ2d 448 (Fed. Cir. 2023).
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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2014/0342273 A1), herein Kim 1, or Lee et al. (US 2015/0205198 A1) as applied to claim 1 above, and further in view of Kim et al. (WO 2018079937 A1), herein Kim 2.
Kim 1 and Lee et al. teaches similar compounds to that of Chemical Formulas a-c of claim 12. However, Kim 1 and Lee et al. fail to teach the terminal propargyl or allyl groups (claim 12).
Kim 2 teaches an alcohol propargylation reaction (referred to as the acetylation reaction) to form similar compounds to instant Chemical Formula a-c wherein the alcohol/hydroxyl group of the monomer is first deprotonated using NaH and then reacted with propargyl bromide to yield a propargyl group in place of the hydrogen atom of the alcohol/hydroxy group [0264-0281].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have combined the compounds of Kim 1 or Lee et al. with the alcohol propargylation reaction of Kim 2 because “by introducing at least one acetylene into the [monomer], the acetylene forms a ring structure when the polymer is cured, thereby further improving the etch resistance of the polymer”. See MPEP § 2143, rationales (A). See also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected a compound with similar structure as taught be Kim 1 or Lee et al. as it would function similarly in improving etch resistance, heat resistance, film density and gap-fill characteristic ([0031] of Kim 1 and [0114] of Lee et al.) as disclosed by the reference because chemical compounds having very close structural similarities and similar utilities has been held to be a prima facie case of obviousness. See MPEP 2144.09(I) and In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). Also see MPEP 2144.08(II)(A)(4)(d) and 919 F.2d at 692, 16 USPQ2d at 1900-01.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. (US 2016/0297932 A1), Park et al. (KR 101810610 B1), Kim et al. (US 2015/0274622 A1), Lee et al. (US 2014/0186777 A1), Choi et al. (US 2015/0004531 A1), Song et al. (US 2015/0001178 A1), and Kim et al. (KR 20170059262 A) teach similar compounds for use in a hard mask composition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christine Curiac whose telephone number is (703)756-1375. The examiner can normally be reached M-F 9:00-6:00 ET.
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/CHRISTINE CURIAC/Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737