Prosecution Insights
Last updated: April 19, 2026
Application No. 17/943,926

PATTERNING A SEMICONDUCTOR WORKPIECE

Non-Final OA §102§103
Filed
Sep 13, 2022
Examiner
CHACKO DAVIS, DABORAH
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
To Grant
92%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
696 granted / 971 resolved
+6.7% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
37 currently pending
Career history
1008
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
35.0%
-5.0% vs TC avg
§102
28.1%
-11.9% vs TC avg
§112
24.3%
-15.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 971 resolved cases

Office Action

§102 §103
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 . Election/Restrictions Applicant's election with traverse of Group I, claims 1-17, in the reply filed on November 5, 2025, is acknowledged. The traversal is on the ground(s) that the inventions are capable of use together and that the restriction reasons are not clear. This is not found persuasive because Group II claims viz., claims 18-20, are directed to a process that include multiple deposition steps of multiple layers that are not lithographic resist and the formation of multiple recesses of different depth at different stages of deposition and/or etching (removal) whereas Group I is directed to a single photolithographic process of one layer of resist and its development to form a pattern. Claims 18-20, are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention there being no allowable generic or linking claim. The requirement is still deemed proper and is therefore made FINAL. Claim Rejections - 35 USC § 102 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. Claim(s) 1-9, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U. S. Patent Application Publication No. 2010/0203456 (hereinafter referred to as Suganaga). Suganaga, in [0009], and [0016], discloses coating a semiconductor substrate with a photoresist layer and in figures 6A and figure 11A, the photoresist layer is formed of a first height (a first thickness, reference 61 in figure 6A and reference 1 in figure 11A). Suganaga, in [0056], and [0060], and in figures 6A and 11A, discloses that the photoresist layer is exposed to radiation through a mask (exposed selectively) to form exposed and unexposed regions. Suganaga in the abstract, [0009], and [0014], discloses forming an upper layer film on the resist film, wherein the upper layer film is an acid polymer containing film (agent-containing layer). Suganaga, in the in [0015], and [0029], discloses that a baking process is performed after the exposing (claimed post-exposure bake) such that a mixing layer is formed in the resist by the upper layer film, and as illustrated in figure 6B, and in figure 11B, the upper layer film components permeate into the underlying resist film portions and Suganaga in [0032], discloses that the mixing layer portion in the exposed area is up to 100nm and much less in the unexposed portions such as up to about 30nm, and is the same as the claimed modifying portion of the exposed regions and non-exposed regions. Suganaga, in [0032], discloses that the mixing layer portions (in the unexposed part of the resist) is rendered soluble in the developer by the components of the upper layer film that penetrated into the resist layer upper portions of the unexposed part of the resist (to form the mixing layer) and thereby upon development the exposed regions and the mixing layer portions (in the unexposed part) are developed away to form the pattern (see figure 11B [Wingdings font/0xE0] figure 11C, the mixing layer portions A1, A2 B1 and B2 are developed away in the developing process) that has now a reduced thickness (claimed second height) than the initial thickness (first height) of the resist film (claim 1). Suganaga, in [0032], [0055], discloses that the acid polymer (acid generator that generates acid, see [0043]) (first solubility-changing agent) permeates into the top portions of the resist layer in the unexposed regions during the baking process so as to form mixing layer in the top surface portions of the unexposed part of the resist layer. Suganaga, in [0032], and [0055], discloses that acid (second solubility-changing agent) is generated in the exposed regions due to the acid generator in the resist film ([0036]) during exposure and due to heating after exposure in the exposed regions such that during development the mixing layer portions and the unexposed portions of the resist are rendered soluble in the developer. Suganaga, in [0033]-[0035], discloses that the resist includes a base polymer that has an acid-dissociative dissolution suppression group (claimed acid-reactive material) (claims 2, 4). Suganaga, in [0043], [0056]-[0057], discloses that the mixing layer thickness (depth of permeation of the acid component from the upper layer film into the resist film) formed in the unexposed part can be a changed to a desired dimension (target depth) and the thickness of the mixing layer can be changed by adding components in the upper layer film, by changing the solvent or plurality of solvents in the upper layer film i.e., by changing concentration and by the type of component in the upper layer film composition (claim 3). Suganaga, in [0039], [0041], discloses that the upper layer film components include a polymer, and an acid generator and/or acids (solubility-changing agent or agent for generating ingredient for generating solubility-changing agent) (claim 5). Suganaga, in [0011], and in [0012], discloses that the prior to the baking process (post-exposure bake) protons (acid, claimed second solubility-changing agent) are generated in the resist film during exposure (response to actinic radiation) (claim 6). Suganaga, in [0054], discloses that the upper layer film (agent-containing film) is spin-coated onto the resist film (claim 7). Suganaga, in [0009], discloses that the exposure process can be an immersion exposure process (claim 8). Suganaga, in [0002], and [0058], discloses that the resist pattern (after coating with acid polymer, exposing and developing as described in the preceding sentences) formed improves the OPE characteristics generated by the sparse and dense patterns formed in the mask pattern i.e., includes sub-resolution features (claim 9). 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. Claim(s) 10-17, is/are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Application Publication No. 2010/0203456 (hereinafter referred to as Suganaga) in view of U. S. Patent Application Publication No. 2007/0092829 (hereinafter referred to as Noelscher) and U. S. Patent Application Publication No. 2014/0017610 (Yang). Suganaga, in [0009], and [0016], discloses coating a semiconductor substrate with a photoresist layer and in figures 6A and figure 11A, the photoresist layer is formed of a first height (a first thickness, reference 61 in figure 6A and reference 1 in figure 11A). Suganaga in the abstract, [0009], and [0014], discloses forming an upper layer film on the resist film, wherein the upper layer film is an acid polymer containing film (agent-containing layer). Suganaga, in [0007], discloses that the resist layer is baked and hardened, and Suganaga, in [0009], discloses that the upper layer film is baked and hardened (prior to exposure, the claimed pre-exposure bake). Suganaga, in [0056], and [0060], and in figures 6A and 11A, discloses that the photoresist layer is exposed to radiation through a mask (exposed selectively) to form exposed and unexposed regions. Suganaga, in the in [0015], and [0029], discloses that a baking process is performed after the exposing (claimed post-exposure bake) such that a mixing layer is formed in the resist by the upper layer film, and as illustrated in figure 6B, and in figure 11B, the upper layer film components permeate into the underlying resist film portions and Suganaga in [0032], discloses that the mixing layer portion in the exposed area is up to 100nm and much less in the unexposed portions such as up to about 30nm, and is the same as the claimed modifying portion of the exposed regions and non-exposed regions. Suganaga, in [0032], discloses that the mixing layer portions (in the unexposed part of the resist) is rendered soluble in the developer by the components of the upper layer film that penetrated into the resist layer upper portions of the unexposed part of the resist (to form the mixing layer) and thereby upon development the exposed regions and the mixing layer portions (in the unexposed part) are developed away to form the pattern (see figure 11B [Wingdings font/0xE0] figure 11C, the mixing layer portions A1, A2 B1 and B2 are developed away in the developing process) that has now a reduced thickness (claimed second height) than the initial thickness (first height) of the resist film (claim 10). Suganaga, in [0032], [0055], discloses that the acid polymer (acid generator that generates acid, see [0043]) (first solubility-changing agent) permeates into the top portions of the resist layer in the unexposed regions during the baking process so as to form mixing layer in the top surface portions of the unexposed part of the resist layer. Suganaga, in [0039], [0041], discloses that the upper layer film components include a polymer, and an acid generator and/or acids (solubility-changing agent or agent for generating ingredient for generating solubility-changing agent) and Suganaga, in [0033]-[0035], discloses that the resist material includes an acid-dissociative dissolution suppression group (claimed acid-reactive material) Suganaga, in [0032], and [0055], discloses that acid (second solubility-changing agent) is generated in the exposed regions due to the acid generator in the resist film ([0036]) during exposure and due to heating after exposure in the exposed regions such that during development the mixing layer portions formed in the unexposed part (due to heating and diffusing of acid) and the exposed part (acid de-protected and maximum of the mixing layer formed in the exposed part) of the resist are rendered soluble in the developer. (claims 11, and 13, and part of claim 14). Suganaga, in [0009], discloses that the exposure process can be an immersion exposure process (claim 15). Suganaga, in [0002], and [0058], discloses that the resist pattern (after coating with acid polymer, exposing and developing as described in the preceding sentences) formed improves the OPE characteristics generated by the sparse and dense patterns formed in the mask pattern i.e., includes sub-resolution features (claim 16). Suganaga, in [0056], and in figure 1E, discloses that the resist is transparent to the actinic radiation (light through the mask 3, pattern of actinic radiation) (claim 17). The difference between the claims and Suganaga is that Suganaga does not disclose that the pre-exposure bake causes the diffusion of the first solubility-changing agent (acid) into the region between the agent-containing layer (upper layer film) and underlying photoresist layer (resist film) and Suganaga does not disclose selectively removing the agent-containing layer as recited. Suganaga does not disclose that the pre-exposure bake causes the diffusion of the first solubility-changing agent (acid) to diffuse in the claimed target depth, or the selection of the agent type or concentration or the agent-layer thickness to cause the diffusion of the first solubility-changing agent in the claimed target depth as recited in claim 12. Suganaga does not disclose that the pre-exposure bake causes the diffusion of the first solubility-changing agent into the first portion of the photoresist layer to cause the first portion soluble for development (remaining part of claim 14). Noelscher, in [0014], [0015], [0017], and [0019], discloses the coating of a contrast enhancing layer (CEL) as a top coat formed on a resist film, and discloses the diffusion of the CEL components into the underlying resist film and Noelscher in [0030], discloses the process of coating the CEL includes performing a pre-bake, and then removing a portion of the CEL while leaving behind a hardened portion on the resist. Yang, in [0018], discloses that the acid-containing treatment layer formed on the photoresist layer is subjected to heating and that acid (claimed first solubility-changing agent) is diffused from the treatment layer into the underlying photoresist layer, and Yang, in [0031], discloses that after the diffusing portions are formed, the remainder of the treatment material layer is removed. Yang, in [0019], discloses the amount of diffusion and the diffusion length into the underlying photoresist material layer is based on the strength of the acid and the concentration of the acid in the treatment layer and the temperature of the process (during diffusion) and the duration of reaction process (diffusion of acid into the photoresist layer portions), and Yang, in [0030], discloses that the treated portions (upper portions of the photoresist material layer, that the acid diffused into, exposed or unexposed) are developed away in the developer (rendered soluble) and thereby the thickness of the photoresist layer patterned is less than the initial thickness of the photoresist layer. Therefore, it would be obvious to a skilled artisan to modify Suganaga by heat-treating prior to exposure in the manner taught by either Noelscher or Yang because Suganaga teaches heating and hardening prior to performing exposure and development, and Yang, in [0020], teaches the treatment of the acid treatment layer for a time as needed and then removed once the desired concentration of acid in the photoresist layer is reached, and Noelscher in [0030], discloses that the once the hardened portion of the CEL in the underlying resist film is formed, the remainder is removed to avoid undesired intermixing of the two layer components. It would be obvious to a skilled artisan to modify Suganaga by employing the pre-bake of Yang to cause diffusion in the desired amount so as to cause developing, because Suganaga teaches in [0043], [0056]-[0057], that the mixing layer thickness (depth of permeation of the acid component from the upper layer film into the resist film) formed in the unexposed part can be a changed to a desired dimension (target depth) and the thickness of the mixing layer can be changed by adding components in the upper layer film, or by changing the solvent or the plurality of solvents in the upper layer (concentration) and Yang, in [0019]-[0020] and [0036], teaches the baking (prior to post-exposure baking) increases the diffusion of the acid into the photoresist layer and the diffusion can be controlled such that the features (photoresist pattern) formed will not be adversely affected, while the contrast ratio of the lithography process is improved. 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, Mark F. Huff can be reached on (571) 272-1385. 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 January 22, 2026.
Read full office action

Prosecution Timeline

Sep 13, 2022
Application Filed
Jan 22, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
92%
With Interview (+20.6%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 971 resolved cases by this examiner. Grant probability derived from career allow rate.

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