Prosecution Insights
Last updated: April 18, 2026
Application No. 18/028,159

REFLECTIVE PHOTOMASK BLANK AND REFLECTIVE PHOTOMASK

Non-Final OA §102§103
Filed
Mar 23, 2023
Examiner
ANGEBRANNDT, MARTIN J
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tekscend Photomask Corp.
OA Round
3 (Non-Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
3y 3m
To Grant
90%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
745 granted / 1351 resolved
-9.9% vs TC avg
Strong +34% interview lift
Without
With
+34.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
86 currently pending
Career history
1437
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
59.6%
+19.6% vs TC avg
§102
4.2%
-35.8% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1351 resolved cases

Office Action

§102 §103
18Notice 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 . The response of the applicant has been read and given careful consideration. Rejections of the previous action not repeated below are withdrawn based upon the amendment and arguments of the applicant. Responses to the arguments of the applicant are presented after the first rejection they are directed to. 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. 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. Claims 1,2 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ishibashi et al. JP 2004006798, in view of Kataoka et al. JP 2020-034666. Ishibashi et al. JP 2004006798 (machine translation attached) in example 11 teaches the formation of an EUV mask including a reflective mult8ilayer, a buffer layer and a graded absorber layer, where a TaB sputtering target was used and the composition of the sputtering gas was initially nitrogen which formed TaBN and then gradually the nitrogen was reduced and oxygen added to form TaBO, so that the composition was gradually changed during the formation to yield a layer which was 65 nm thick.. The absorber was then patterned using a resist and dry etching. The resultant patterned mask was used to expose a resist with a semiconductor device pattern [0076-0078]. The concentration of nitrogen and oxygen in the layer as a function of thickness is illustrated in figure 12. PNG media_image1.png 281 343 media_image1.png Greyscale Example 6 formed a reflective multilayer, CrN buffer layer and a 50 nm TaBN absorber layers as in example 4 [0060], followed by a 12nm TaBO low reflection layer. This was then coated with a resist and patterned to form a photomask from the maskblank. The mask was then used to expose a resist with a pattern useful for forming a semiconductor device [0066-0067]. The layer has at least an absorber layer composed of an absorber of exposure light in a short wavelength region including an extreme ultraviolet region as a lower layer, and a low reflection layer composed of an absorber of inspection light used for inspection of a mask pattern as an upper layer. It has a two-layer structure, the upper low-reflection layer, chromium, manganese, cobalt, copper, zinc, gallium, germanium, molybdenum, palladium, silver, cadmium, tin, antimony, tellurium, iodine, hafnium, tungsten, titanium, Nitride, oxide, oxynitride of at least one substance selected from gold and alloys containing these elements, or a material further containing silicon, or silicon oxynitride A reflective mask blank, characterized in that it comprises at least one substance selected from the object [0011] A thirteenth invention is characterized in that an intermediate region in which the composition continuously changes from the composition of the lower layer to the composition of the upper layer is provided between the lower layer and the upper layer of the absorber layer. The reflective mask blank according to any one of the above [0012]. The alternating use of silicon and molybdenum targets during formation of the reflective multilayer, followed by the Si target for the buffer layer and a Ta target for the (absorber ) layer and a TiSi target for the low reflection layer, where DC magnetron sputtering is used for forming each of these layers is taught in example 1. Where the Ta61N39 layer was 50 nm and the Ta21Si17O47N15 low reflection layer was 20 nm thick. The absorber was then patterned using a resist and dry etching. The resultant patterned mask was used to expose a resist with a semiconductor device pattern [0046-0052]. The thickness of the upper layer is 5-30 nm [0014,0029,0036]. The absorber is preferably 60 nm or less, preferably 30-60 nm [0036]. Kataoka et al. JP 2020-034666 (machine translation attached) teaches with respect to example 8, a substrate with a conductive (CrN) backside layer. The front surface is coated with a Mo/Si reflective multilayer, a Ru capping layer, a 24.1 nm Co2Ta and a 7.2 nm CoTa3 layer which is then patterned. Example 5 is similar, but use a 36.4 nm CoTa layer and a 1.4 nm CoTa3 layer. Example 15 is similar, but uses a 19.6 nm Ni2Ta layer and a 12.7 nm NiTa3 layer (see table 1 at [01564-0176], Examples 3-8 and 10-15 read on at least some of the claims. The use of co-sputtering with a plurality of target or single metals or alloys in the formation of the absorber film is disclosed [0113] Ishibashi et al. JP 2004006798 does not exemplify an EUV mask with an EUV absorber/lower reflectance layer with a graded composition including one of Te, Co, Ni, Pt, Ag, Sn, In, Cu, Zn or Bi together with at least one of Ta, Cr, Al, Si, Ru, Mo, Zr, Ti, Zn, In, V, Hf or Nb. With respect to claims 1-2 and 7-8, it would have been obvious to one skilled in the art to modify the process of forming the graded low reflectance layer of example 1 of Ishibashi et al. JP 2004006798 by replacing the process of forming the TaN/TaSiON bilayer with an absorber/low reflection composite of TeSi, CoSi, CuSi ZnSi, AgSi, or SnSi, using the combination of a Te, Co, Cu, Zn, Ag, or Sn target and a Si target with the power to each target adjusted during the co-sputtering as taught at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Si and oxygen richer (and poorer in Te, Co, Cu,Ag,Zn or Sn) nearer the top surface based upon the disclosure of graded composition at [0012], the graded TaBN/TaBO structure exemplified in example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the embodiment of example 1 which is Si richer at the surface with a reasonable expectation of forming a useful EUV maskblank and patterned mask, noting the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798. With respect to claims 1-2 and 7-8, it would have been obvious to one skilled in the art to modify the process of forming the graded low reflectance layer of example 1 of Ishibashi et al. JP 2004006798 by replacing the process of forming the TaN/TaSiON bilayer with an absorber/low reflection composite of TeSi, CoSi, CuSi ZnSi, AgSi, or SnSi, using the combination of a Te, Co, Cu, Zn, Ag, or Sn target and a Si target with the power to each target adjusted during the co-sputtering as taught at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Si richer (and poorer in Te, Co, Cu,Ag,Zn or Sn) nearer the top surface based upon the disclosure of graded composition at [0012], the graded TaBN/TaBO structure exemplified in example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the embodiment of example 1 which is Si richer at the surface with a reasonable expectation of forming a useful EUV maskblank and patterned mask, noting the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798. With respect to claims 1-2 and 7-8, it would have been obvious to one skilled in the art to modify the process of forming the graded low reflectance layer of example 1 of Ishibashi et al. JP 2004006798 by replacing the process of forming the TaN/TaSiON bilayer with an absorber/low reflection alloy or Te, Co, Cu, Zn, Ag, or Sn with Cr, Mo, Hf, Ta or Ti, using the combination of a Te, Co, Cu, Zn, Ag, or Sn first target and a second target of Cr, Mo, Hf, Ta or Ti, with the power to each target adjusted during the co-sputtering as taught at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be richer in Cr, Mo, Hf, Ta or Ti (and poorer in Te, Co, Cu,Ag,Zn or Sn) nearer the top surface based upon the disclosure of graded composition at [0012], the graded TaBN/TaBO structure exemplified in example 11 of Ishibashi et al. JP 2004006798 (see figurer 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the embodiment of example 1 which is Si richer at the surface with a reasonable expectation of forming a useful EUV maskblank and patterned mask, noting the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798. On page 11 of the response of 12/22/2025, The applicant argues that the references applied do not teach EUV masks which have a graded transition (no boundary/interface) between a lower region having a higher concentration of a first group (Te, Co, Ni, Pt, Ag, Sn, In, Cu, Zn, Bi) and a lower concentration of a second element (Ta, Cr, Al, Si, Ru, Mo, Zr, Ti, Zn, In, V, Hf or Nb) and an upper (outermost) region with a lower concentration of a first group (Te, Co, Ni, Pt, Ag, Sn, In, Cu, Zn, Bi) and a higher concentration of a second element (Ta, Cr, Al, Si, Ru, Mo, Zr, Ti, Zn, In, V, Hf or Nb). While Ishibashi et al. JP 2004006798 does not exemplify this for the recited elements of the first material group and the second material group, the formation of a gradient where one element decreases in concentration and another increases in concentration is exemplified in example 11 and figure 12 of Ishibashi et al. JP 2004006798. Kataoka et al. JP 2020-034666 teaches a bilayer, where the lower portion and the upper portion are of a binary alloy, where in the upper portion the concentration of one element is lowered and the concentration of the other element is increased. The 12 rejections are warranted due to the 10 elements, their nitrides, oxides and oxynitrides listed as the first elements and the 13 elements, oxide, nitrides and oxynitrides as the second materials which yields 40 (elements/oxides/nitride and oxynitrides) x (52) which yields 2080 possible combinations. Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Goda et al. WO 2021221123, in view of Ishibashi et al. JP 2004006798 and Kataoka et al. JP 2020-034666. Goda et al. WO 2021221123 (machine translation attached) in example 1-1 describes a quartz substrate with a Mo/Si reflective multilayer, a Ru capping layer, a 25 nm SnO absorption layer and a 2 nm TaO outermost layer to form a maskblank. This is then provided with a resist and patterned to form a mask [0067-0073]. Example 1-4 is similar but the SnO layer is 17 nm thick and the TaO layer is 1.5 nm [0076]. Example 1-4 is similar but the SnO layer is 16 nm thick and the TaO layer is 0.8 nm [0078] Example 2-4 is similar but the absorber layer is a 26 nm thickness of indium oxide and the TaO layer is 2 nm [0107]. The low reflective part (8) is formed of an absorption layer (4) and an outermost layer (5). The absorption layer (4) contains a total of 50 atom% or more of at least one type selected from a first material group, and the outermost layer (5) contains a total of 80 atom% or more of at least one type selected from a second material group. The first material group includes indium, tin, tellurium, cobalt, nickel, platinum, silver, copper, zinc, and bismuth, and oxides, nitrides, and oxynitrides thereof. The second material group includes tantalum, aluminum, ruthenium, molybdenum, zirconium, titanium, zinc, and vanadium, and oxides, nitrides, oxynitrides, and indium oxides thereof (abstract). The total film thickness (total film thickness) of the absorption layer 4 is preferably 47 nm or less. When the total film thickness (total film thickness) of the absorption layer 4 exceeds 47 nm, the pattern transfer may not be improved due to the projection effect. If the total film thickness (total film thickness) of the absorption layer 4 is less than 17 nm, the OD value may be less than 1, and the pattern transfer may not be improved [0030]. Goda et al. WO 2021221123 teaches EUV mask with a boundary/interface between the absorber layer and the low reflection layer (which correspond to the low reflection layer and outermost surface/layer of the claims) and does not teach graded transition between these. The first material is Sn, SnO, In or InO and the second material is Ta or TaO. With respect to claims 1,3,4,6,8-10,12-13,15,16, and 18, it would have been obvious to one skilled in the art to modify the process of forming a stepped bilayer of InO or SnO at the bottom and TaO at the top of Goda et al. WO 2021221123, by adjusting the power to form a graded transition between the SnO or InO composition and the TaO composition at the top of the absorber structure rather than a stepped transition based upon the teaching at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Ta richer (and poorer in Sn or In) nearer the top surface based upon the disclosure of graded composition at [0012] of Kataoka et al. JP 2020-034666, the exemplification of a graded absorber/low reflectance structure of example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798 with a reasonable expectation of forming a useful EUV photomask. There does not seem to be any evidence in the record that the use of a graded structure yields an EUV mask with any unexpected properties. Further, with respect to claims 1-18, it would have been obvious to modify the EUV masks rendered obvious by the combination above by replacing the SnO absorber with tellurium, cobalt, nickel, platinum, silver, copper, zinc, and bismuth, and oxides, nitrides, and oxynitrides thereof and/or replacing the TaO outermost layer with aluminum, ruthenium, molybdenum, zirconium, titanium, zinc, and vanadium, and oxides, nitrides, oxynitrides based upon the equivalence described in the abstract and/or by forming the combined thickness of the absorber and outermost layer with a thickness of 33 to 47 nm based upon the disclosure at [0033] of Goda et al. WO 2021221123. Claims 1-3,5-9,11,12,14,15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Furumizo JP 2018-120009, in view of Ishibashi et al. JP 2004006798 and Kataoka et al. JP 2020-034666. Furumizo JP 2018-120009 (machine translation attached) teaches a reflective mask with a substrate, reflective multilayer, a Ru protective film, a SnO first absorption layer and a Mo second absorption layer and the SnO/Mo bilayer has a combined thickness of 44-45 nm. Where the SnO is ~12% of the thickness (figure 4). PNG media_image2.png 297 374 media_image2.png Greyscale Furumizo JP 2018-120009 teaches EUV mask with a boundary/interface between the absorber layer and the low reflection layer (which correspond to the low reflection layer and outermost surface/layer of the claims) and does not teach graded transition between these. The first material is Sn, SnO, and the second material is Mo. With respect to claims 1-3,5-9,11,12,14,15 and 17-18, it would have been obvious to one skilled in the art to modify the process of forming a stepped bilayer of SnO at the bottom and Mo at the top of Furumizo JP 2018-120009, by adjusting the power to form a graded transition between the SnO composition and the Mo composition at the top of the absorber structure rather than a stepped transition of Furumizo JP 2018-120009 based upon the teaching at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Mo richer (and poorer in Sn) nearer the top surface based upon the disclosure of graded composition at [0012] of Kataoka et al. JP 2020-034666, the exemplification of a graded absorber/low reflectance structure of example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798 with a reasonable expectation of forming a useful EUV photomask. There does not seem to be any evidence in the record that the use of a graded structure yields an EUV mask with any unexpected properties. Claims 1,3-6,8-10 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hassan et al. 20160011500, in view of Ishibashi et al. JP 2004006798 and Kataoka et al. JP 2020-034666. Table 2 teaches the examples where the first absorber is 22.5 nm of Ag and the second absorber is 4.7 nm or Cr and an example where the first absorber is 22.4 nm Ag and the second absorber is 4.3 nm of Ta. Hassan et al. 20160011500 teaches EUV mask with a boundary/interface between the absorber layer and the low reflection layer (which correspond to the low reflection layer and outermost surface/layer of the claims) and does not teach graded transition between these. Ag is the first material and the second materials is Ta or Cr. With respect to claims 1,3-6,8-10 and 12-18, it would have been obvious to one skilled in the art to modify the process of forming a stepped bilayer of Ag at the bottom and Cr or Ta at the top of Hassan et al. 20160011500, by adjusting the power to form a graded transition between the Ag composition and the Cr or Ta composition at the top of the absorber structure rather than a stepped transition based upon the teaching at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Ta or Cr richer (and poorer in Ag) nearer the top surface based upon the disclosure of graded composition at [0012] of Kataoka et al. JP 2020-034666, the exemplification of a graded absorber/low reflectance structure of example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798 with a reasonable expectation of forming a useful EUV photomask. There does not seem to be any evidence in the record that the use of a graded structure yields an EUV mask with any unexpected properties. Claims 1,6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuo CN 102369588, in view of Ishibashi et al. JP 2004006798 and Kataoka et al. JP 2020-034666. Matsuo CN 102369588 (machine translation attached) teaches an EUV mask which is formed on a substrate by coating a reflective Mo/Si multilayer, a Ru capping layer, a 14.7 nm SnO absorber layer and a 4 nm SiN antireflection layer, which is then patterned [0150-0167]. The film thickness of the low reflection part is carved with pattern also can be more than 25nm and less than 45nm [0038] Matsuo CN 102369588 teaches EUV mask with a boundary/interface between the absorber layer and the low reflection layer (which correspond to the low reflection layer and outermost surface/layer of the claims) and does not teach graded transition between these. Sn or SnO is the first material and Si or SiN is the second material With respect to claims 1,6 and 18, it would have been obvious to one skilled in the art to modify the process of forming a stepped bilayer of SnO at the bottom and SiN at the top of Matsuo CN 102369588, by adjusting the power to form a graded transition between the SnO composition and the SiN composition at the top of the absorber structure rather than a stepped transition based upon the teaching at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Si or SiN richer (and poorer in Sn or SnO) nearer the top surface based upon the disclosure of graded composition at [0012] of Kataoka et al. JP 2020-034666, the exemplification of a graded absorber/low reflectance structure of example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798 with a reasonable expectation of forming a useful EUV photomask. There does not seem to be any evidence in the record that the use of a graded structure yields an EUV mask with any unexpected properties. Claims 1-3,5-9,11,12,14,15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over JP 4635610, in view of Ishibashi et al. JP 2004006798 and Kataoka et al. JP 2020-034666. JP 4635610 (machine translation attached) in example 1 coated a suibstrate with a reflective multilayer, a carbon capping layer, a CrN etch stop layer a 27 nm InSb layer and a 18 nm TaSiO antireflection layer, which is then patterned [0085-0102]. JP 4635610 teaches EUV mask with a boundary/interface between the absorber layer and the low reflection layer (which correspond to the low reflection layer and outermost surface/layer of the claims) and does not teach graded transition between these. In is the first material and Ta, TaO, Si, SiO are the second material With respect to claims 1-3,5-9,11,12,14,15 and 17-18, it would have been obvious to one skilled in the art to modify the process of forming a stepped bilayer of InSb at the bottom and TaSiO at the top of JP 4635610, by adjusting the power to form a graded transition between the InSb composition and the TaSiO composition at the top of the absorber structure rather than a stepped transition based upon the teaching at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Ta, TaN, TaO, TaON,SiN, SiO, SiON and Si richer (and poorer in In) nearer the top surface based upon the disclosure of graded composition at [0012] of Kataoka et al. JP 2020-034666, the exemplification of a graded absorber/low reflectance structure of example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798 with a reasonable expectation of forming a useful EUV photomask. There does not seem to be any evidence in the record that the use of a graded structure yields an EUV mask with any unexpected properties. Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being fully anticipated by Nishiyama et al. JP 2007-250613. Nishiyama et al. JP 2007-250613 (machine translation attached) in example 1 forms a reflective multilayer, a ZrSi buffer layer, a 55 nm In2O3, a 8 nm TiSiON antireflection layer, which is then patterned [0071-0084} Nishiyama et al. JP 2007-250613 teaches EUV mask with a boundary/interface between the absorber layer and the low reflection layer (which correspond to the low reflection layer and outermost surface/layer of the claims) and does not teach graded transition between these. In or InO is the first material and Ta, TaO, TaN, TaON, Si, SiO, SiN or SiON are the second material With respect to claims 1-18, it would have been obvious to one skilled in the art to modify the process of forming a stepped bilayer of InO at the bottom and TaSiON at the top of Nishiyama et al. JP 2007-250613, by adjusting the power to form a graded transition between the InSb composition and the TaSiON composition at the top of the absorber structure rather than a stepped transition based upon the teaching at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Ta, TaN, TaO, TaON, SiN , SiO, SiON and Si richer (and poorer in In or InO) nearer the top surface based upon the disclosure of graded composition at [0012] of Kataoka et al. JP 2020-034666, the exemplification of a graded absorber/low reflectance structure of example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798 with a reasonable expectation of forming a useful EUV photomask. There does not seem to be any evidence in the record that the use of a graded structure yields an EUV mask with any unexpected properties. Claims 1-8 and 10-18 are rejected under 35 U.S.C. 102(a)(1) as being fully anticipated by Tanabe KR 20190141083. Tanabe KR 20190141083 (machine translation attached) in example 4 forms a EUV mask with a 35 nm SnTa alloy and a 2 nm TaO stabilizing layer 0135][0130- Tanabe KR 20190141083 teaches EUV mask with a boundary/interface between the absorber layer and the low reflection layer (which correspond to the low reflection layer and outermost surface/layer of the claims) and does not teach graded transition between these. Sn is the first material and Ta or TaO,is the second material With respect to claims 1-8 and 10-18, it would have been obvious to one skilled in the art to modify the process of forming a stepped bilayer of SnTa at the bottom and TaO at the top of Tanabe KR 20190141083, by adjusting the power to form a graded transition between the SnTa composition and the TaO composition at the top of the absorber structure rather than a stepped transition based upon the teaching at [0113] of Kataoka et al. JP 2020-034666 to gradually change the deposited composition to be Ta and TaO richer (and poorer in Sn) nearer the top surface based upon the disclosure of graded composition at [0012] of Kataoka et al. JP 2020-034666, the exemplification of a graded absorber/low reflectance structure of example 11 of Ishibashi et al. JP 2004006798 (see figure 12), the stepped TaBN/TaBO structure exemplified in example 6 of Ishibashi et al. JP 2004006798 and the use of multiple sputtering targets in example 1 of Ishibashi et al. JP 2004006798 with a reasonable expectation of forming a useful EUV photomask. There does not seem to be any evidence in the record that the use of a graded structure yields an EUV mask with any unexpected properties. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark F Huff can be reached at 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. MARTIN J. ANGEBRANNDT Primary Examiner Art Unit 1737 /MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 January 15, 2026
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Prosecution Timeline

Mar 23, 2023
Application Filed
Sep 22, 2025
Non-Final Rejection — §102, §103
Dec 22, 2025
Response Filed
Jan 15, 2026
Final Rejection — §102, §103
Mar 24, 2026
Response after Non-Final Action
Apr 07, 2026
Request for Continued Examination
Apr 08, 2026
Response after Non-Final Action
Apr 12, 2026
Non-Final Rejection — §102, §103 (current)

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2y 5m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
90%
With Interview (+34.5%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 1351 resolved cases by this examiner. Grant probability derived from career allow rate.

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