DETAILED CORRESPONDENCE
This Office action is in response to the RCE received August 3, 2026.
Any bold text is new language in the office action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-34 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-34 of copending Application No. 16/845,511 (JIANG et al US PGPUB 2020/0326627) in view of MEYERS et al (2017/0102612) and LEE et al (2021/0166937 A1).
The claimed method now recites the following:
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JIANG et al claims a method contacting the organometallic composition with a developer composition comprising an alcohol, after a post-exposure bake (PEB) step, see claims 6 and 7 for the solvents, claim 14 for the PEB and claims 20 to 23 disclose conducting a PEB before contacting the radiation exposed organometallic patterning layer with the developer. see the claims below:
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MEYERS et al is cited to disclose that development of the organometallic composition can be done with reactant gas or a liquid as reported in para. [0005] and developer can comprise suitable additives such as amines as reported in para. [0095], see the paragraphs below:
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LEE et al disclose a processing chamber for a post-exposure baking step, see para., [0051], wherein a gas showerhead is positioned over the heating element. Para [0052] further disclose a gas source which is connected to the chamber. Fig. 6 exemplify a chamber where a photoresist substrate is post-exposure heated with a gas showerhead element for development.
The manufacturing process is in a processing chamber as disclosed in para. [0133]- [0135]:
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Para. [0134] disclose exposing the photoresist layer to actinic radiation.
Paras. [0135] and [0136] report a gas showerhead in the chamber.
It would have been prima facie obvious to one of ordinary skill in the art of organometallic photosensitive compositions contact an exposed organometallic composition with either a reactant gas phase or a liquid phase of the developer disclosed in JIANG et al and MEYERS et al performed in a processing chamber as reported in LEE et al reasonably expecting same or similar results for a manufacturing a semiconductor device,
This is a provisional nonstatutory double patenting rejection.
The rejection is repeated wherein the two physical states of the developer for organic photoresist is taught in MEYER et al can be either a gas or liquid; however, to the skilled artisan any phase of the developer can be used to develop any type of resist whether it is organic or organometallic, as long as the developer is the proper compound for development. It is believed from the disclosure in MEYERS et al that a gas phase or liquid phase is functionally equivalent as developer for any type of photoresist.
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.
(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.
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 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 1-34 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of TSUBAKI et al (2019/0018317), ZI et al (2019/0384171) and MEYERS et al (2019/0137870) and LEE et al (2021/0166937 A1).
The claimed invention now recites the following:
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TSUBAKI et al disclose a method for purifying an organometallic photoresist and a pattern forming method wherein the developers include those recited in pages 11 to 13 for aqueous alkaline solutions such as amines as disclosed in para. [0237] and for organic solvents recited in paras. [0250] to [0255] which include alcohol-based solvents, amide-based solvents, see below for the alcohol-based solvents:
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ZI et al disclose a pattern forming method for photoresist composition comprising metal oxide particles as ligands. The developers are listed on page 12 , para. [0099] which include sulfonic acids, amines and alcohols, see below:
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MEYERS et al disclose organometallic composition comprising tin oxo hydroxo networks, see para. [0075] and [0084] which are exposed to form condensed oxo-hydroxo networks.
LEE et al disclose a processing chamber for a post-exposure baking step, see para., [0051], wherein a gas showerhead is positioned over the heating element. Para [0052] further disclose a gas source which is connected to the chamber. Fig. 6 exemplifies a chamber where a photoresist substrate is post-exposure heated with a gas showerhead element for development.
The manufacturing process is in a processing chamber as disclosed in para. [0133]- [0135]:
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Para. [0134] disclose exposing the photoresist layer to actinic radiation.
Paras. [0135] an d[0136] report a gas showerhead in the chamber.
Claims 2-5 are met by the composition of MEYERS et al, in para. [0008].
Claim 6-16 are met by the disclosure in TSUBAKI et al in para. [0253] for the alcohol solvent as a developer liquid which break bonds that were formed after the composition is exposed. The exposure process and para. [0088] for the breaking of the metal-ligand bonds, semiconductor wafer.
Claims 17-25 are reported in MEYERS et al para. [0082] – [0083] for the pressure and flow rate.
Claims 26-34 are met in MEYERS et al for the development process for forming negative or positive patterns the heating steps (para. [0116])
It would have been prima facie obvious to one of ordinary skill in the art of pattern forming methods to duplicate the methods of any of TSUBAKI et al, ZI et al or MEYERS et al with the use of a reactant gas as a developer selected from a gas or liquid as taught by MEYERS et al. and to select any of the developers such as alcohol, amines, sulfonic acid or amides as taught in TSUBAKI et al or ZI et al all performed in an processing chamber as reported in LEE et al with the reasonable expectation of improved smaller features on the semiconductor substrate materials.
The rejection is repeated wherein the two physical states of the developer for processing organic photoresist is taught in MEYER et al can be either a gas or liquid; however, to the skilled artisan any phase of the developer can be used to develop any type of resist whether it is organic or organometallic, as long as the developer is the proper compound for development. It is believed from the disclosure in MEYERS et al that a gas phase or liquid phase developer is functionally equivalent for any type of photoresist.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN S. CHU whose telephone number is (571)272-1329. The examiner can normally be reached on M-F, IFPO-Flex.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Hendricks, can be reached at telephone number 571-272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/John S. Chu/ Primary Examiner, Art Unit 1737
J. Chu
September 5, 2026
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