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 .
Claims 1-20 are pending.
The foreign priority application No.2020-173230 filed on October 14,2020 in Japan and the foreign application No.2021-064242 filed on April 05, 2021 in Japan have been received and are acknowledged.
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 10-13 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 10 recites the limitation “an OD value (Optical Density) of 1.0 or more”, but it is not clear which film of the mask has this property or if the mask has this property.
Therefore, it is not clear what is the applicant claiming as the invention in claim 10.
Claims 11 and 12 recite methods of producing reflective masks but do not recite any method steps. Therefore, it is not clear what is the joint inventor claiming as the invention in claims 11 and 12.
Claim 13 is rejected as being dependent on the rejected claim 11.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraph of 35 U.S.C. 102 that forms 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanabe (US 2019/0086791).
With regard to claims 1, 2, 11, and 12, Tanabe teaches a reflective mask blank (abstract), wherein the reflective mask may be the mask in fig.2:
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.
The mask includes:
-the substrate (11) (par.0031);
-the reflective layer (12) (par.0031), wherein the reflective layer (12) has high EUV light reflectance and may be a multilayer film (par.0039-0040);
-the protective layer (13), wherein the protective layer (13) serves to protect the reflective layer (12)(par.0046); and
-the absorber layer (14) (par.0031), wherein the absorber layer (14) has high absorption for EUV light (par.0052).
The passive layer (15) made of tantalum oxide (Ta2O5) is formed on the surface of the absorber layer (14)(par.0060). This is equivalent to the “oxide coating formed in the absorption film”, and meets the limitations for “the oxide coating is formed on a surface and side surfaces of the absorption film” in claims 1, 2, 11, and 12 of the instant application (see fig.2 above).
Tanabe further teaches that the absorber layer may comprise Sn in an amount of 70at% and Ta in an amount of 30at% (Case 4-1 in Table 2, par.0141) and Sn in an amount of 78at% and Ta in an amount of 22at% (Case 4-5 in Table 2, par.0141).
The absorber layer in Case 4-1 is an absorption film comprising Sn and a metal element other than Sn, and has a ration of Sn/metal element other than Sn of 2.33. This absorber layer meets the limitations of claims 1 and 11.
The absorber layer in Case 4-5 is an absorption film comprising Sn and a metal element other than Sn, and has a ration of Sn/metal element other than Sn of 3.54. This absorber layer meets the limitations of claims 1 and 11.
The absorber layers in Case 4-1 and Case 4-5 are absorption films comprising Sn in a proportion of more than 50at%, as required in claims 2 and 12.
The specification of the instant application teaches that the oxide coating may comprise Ta oxide (par.0029), and further teaches that the oxide coating is resistant to a hydrogen radical (par.0019).
Therefore, absent a record to the contrary, it is the examiner’s position that the passive layer (15) made of tantalum oxide (Ta2O5) of Tanabe is resistant to a hydrogen radical.
"[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977). (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY)
Therefore, the reflective mask of Tanabe anticipates the reflective masks in claims 1 and 2, and the methods in claims 11 and 12 of the instant application.
With regard to claims 3 and 14, the passive layer (15) made of tantalum oxide (Ta2O5) of Tanabe (par.0060) is an oxide coating comprising a Ta oxide.
With regard to claims 4, 15, 16, the passive layer (15) made of tantalum oxide (Ta2O5) of Tanabe (par.0060) is an oxide coating which does not contain Sn.
With regard to claims 5 and 17-19, Tanabe teaches that the absorber layer may comprise Sn in an amount of 70at% and Ta in an amount of 30at% (Case 4-1 in Table 2, par.0141) and Sn in an amount of 78at% and Ta in an amount of 22at% (Case 4-5 in Table 2, par.0141).
Ta meets the limitations of claims 5 and 17-19.
With regard to claims 6 and 20, Tanabe teaches that the oxide film may have a thickness of 6 nm or less (see fig.3, par.0063). This thickness is within the claimed range.
With regard to claims 7 and 8, Tanabe teaches that the absorber layer may comprise Sn in an amount of 70at% and Ta in an amount of 30at% (Case 4-1 in Table 2, par.0141) and Sn in an amount of 78at% and Ta in an amount of 22at% (Case 4-5 in Table 2, par.0141).
These layers meet the limitations for “the absorption film does not comprise B, C, P, Si, ad Ge, which are metalloid elements” in claim 7.
The amounts of Ta in the absorber layers are within the range in claim 8.
With regard to claim 9, Tanabe teaches that the absorber layer (14) is easily etched (par.0052). The absorber layer (14) is etched with fluorine (F) or chlorine (Cl)-based gas (par.0056).
With regard to claim 10, Tanabe teaches that the absorber layer (14) has a thickness of 40 nm or less, preferably 35nm or less, and more preferably 30 nm or less (par.0069).
The oxide film may have a thickness of 6 nm or less (see fig.3, par.0063).
Therefore, the total film thickness of the absorption film and the oxide coating may be 45 nm or less.
With regard to claim 13, Tanabe teaches that the oxide film is formed by oxidation (par.0063).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Yamagata et al. (US 2025/0199393) teach a reflective photomask blank (10) comprising a substrate (1), a reflective layer (2), a protective layer (3), an absorption layer (4), and an oxide film (5):
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(abstract, par.0099, fig.6).
Yamagata et al. is not available as prior art.
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/ANCA EOFF/Primary Examiner, Art Unit 1722
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