DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 2, 2026, has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9, 12-19, and 21-23, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, at lines 14-16 recite that after the first development process the structure (exposed portion) has a first critical dimension larger than a target critical dimension, however, claim 1, at lines 20-23, recite that after the second development process all the width of the exposed portion of the organometallic EUV photoresist film if left (on the substrate) to form a pattern and is confusing because the claim initially recites that the exposed portion (structure formed that was not developed away with the first development) is larger than the desired target critical dimension and thereby a second development process is conducted to shrink the critical dimension of the structure from the first critical dimension to a second critical dimension such that the second critical dimension is less than the first critical dimension. It is not clear what is meant by all of the width of the exposed portion is left after the second dry development because the exposed portions (structure) left initially after first development has a critical dimension (first critical dimension) that is larger than target CD (includes width of the structure), and if all of the width of the exposed portions is still intact after second development, the second critical dimension is the same as the first critical dimension of the structure and thereby is confusing and renders the claim indefinite. Similarly, claim 13, at lines 4-6 recites that the structures formed are exposed and unexposed, and at lines 7-9 of claim 13 recites the structures formed after the first development have a first critical dimension that is larger than a target critical dimension i.e., the exposed portion left after the first development has a first critical dimension or width that is larger than target critical dimension. However, at lines 10-13, claim 13 recites that all of the width of the exposed portions is left after the second development and constitutes the target critical dimension i.e., the final width of the structures (exposed portion) that is left has the same width as the exposed portion structure that was formed after the first development and is confusing because the first critical dimension is claimed as being larger than the target critical dimension and if all of the width of the exposed portion structure (even after the second development) is still intact and left on the substrate then the final width of the exposed portion structure is the same the first critical dimension and will be larger than the target critical dimension and not the target CD, and therefore renders the claim indefinite.
Claim 21, recites at lines 20-21, “to leave all of the width of the exposed portion of the organometallic EUV photoresist film” and is not clear as to what width is being referred to. The instant claim does not recite any dimensions of any of the portions formed in the resist viz., exposed or unexposed, and it is therefore not clear as to what is meant by all of the width of the exposed portion. There is insufficient antecedent basis for this limitation in the claim.
Claim 1, at lines 22-23, recites “leaving all of the width of the exposed portion of the organometallic EUV photoresist film to form a pattern” and is not clear as to what “width” is being referred to. There is insufficient antecedent basis for this limitation in the claim.
Claim 13, at lines 12-13, recites “to leave all of the width of the exposed portion” and is not clear as to what “width” is being referred to. There is insufficient antecedent basis for this limitation in the claim.
Response to Arguments
Applicant’s arguments, see Amendment, filed in an RCE filed September 2, 2026, with respect to the rejection(s) of claim(s) 1-2, 5-9, 13-15, 18-19, 21-23, under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over pending claims 1-9, 12-19, and 21-23. See paragraph nos. 4-7, above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daborah Chacko-Davis whose telephone number is (571) 272-1380. The examiner can normally be reached on 9:30AM-6:00PM EST Mon-Fri. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally A. Merkling can be reached on (571) 272-6297. The fax phone number for the organization where this application or proceeding is assigned is 571-272-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DABORAH CHACKO-DAVIS/Primary Examiner, Art Unit 1737 September 5, 2026.
Prosecution Insights