Notice 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 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 1-26 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.
Claims 1-26 should make it clear that the thicknesses D1, D2 and D3 use nm as the units.
In claims 1-11,13-13 and 25-26, it is not clear what the phase shift range is for the phase mask
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 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).
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Claims 1-26 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8,10-19 and 21-22 of copending Application No. 18278310 (20240184194). Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 1 recites: A mask blank comprising: a transparent substrate; and a phase shift film on the transparent substrate, wherein the phase shift film includes a lower layer and an upper layer formed on the lower layer, the upper layer is in contact with the lower layer, the lower layer includes silicon and oxygen, the upper layer includes hafnium and oxygen, the upper layer has a thickness of 5 nm or more, and the phase shift film has a thickness of 90 nm or less.
Claim 5 recites: The mask blank according to claim 1, wherein the phase shift film includes a lowermost layer between the transparent substrate and the lower layer, the lowermost layer is in contact with the lower layer, and the lowermost layer includes hafnium and oxygen.
Claim 6 recites : The mask blank according to claim 5, wherein the lowermost layer has a thickness of 5 nm or more.
The claims of the co-pending application recite the layers of the instant claims and embrace the thicknesses recited in the instant claims.
It would have been obvious to modify the claimed mask (patterned) masks and the process of their use recited in the claims of the co-pending application to include the thicknesses of the claims of the instant application based upon the lack of ranges recited in those claims with a reasonable expectation of forming a useful photomask..
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maeda et al. 20230314929 is later filed and forms HfO/SiON/HfO phase shift layers. The claims recite only the HfO/SiON layers of the disclosed embodiments.
Maeda et al. 20230142180 is later filed and includes HfO in the phase shift layer.
Maeda et al. 20220252972 teaches Si/Hf-O phase shift layers.
Nozawa et al. WO 2019102990 (machine translation attached) in example 5 coats the substrate with a 3 nm SiN (35% N), a 18 nm SiN layer (57% N), 56 nm SiON layer and a 3 nm SiO layer, followed by a CrOCN layer and a SiO2 hardmask. This is then coated with a resist and patterned [0119-0125]. The first layer is kept in contact with the surface of a transmissive substrate. The phase shift film satisfies the following relationships: n1 < n2, n2 > n3, and k1 > k2 > k3 Where n1, n2, n3 each represents a refractive index for the wavelength of exposure light in the first layer, the second layer, and the third layer, respectively, and k1, k2, k3 each represents an extinction coefficient for the wavelength of exposure light in the first layer, the second layer, and the third layer, respectively (abstract)
Shishido et al. WO 2019176481 (machine translation attached) in example 1 teaches a 3.3 nm HfO film which is used as an etch stop layer coated with a 177 nm SiO phase shift film, a CrOC light shielding film and a SiO2 hardmask. This mask blank was then coated with a resist and patterned. This was then used in an exposure process. [0105-0120]. Example 2 is similar, but the etch stop layer was 4 nm in thickness [0121-0124]. The transmittance of the HfO etch stop layer at 2.5 to 9.5 nm thicknesses is disclosed with respect to figures 4 and 5. The phase shift is 150 to 200 degree and the thickness of the phase shift film is 143-200 nm [0074-0075].
Taniguchi et al. WO 2019167622 (machine translation attached) in example 1 teaches a 3.3 nm HfO film which is used as an etch stop layer coated with a 177 nm SiO phase shift film, a CrOC light shielding film and a SiO2 hardmask. This mask blank was then coated with a resist and patterned. This was then used in an exposure process. [0093--0109]. Example 2 is similar, but the etch stop layer was 2.8 nm in thickness [0110-0113]. The phase shift film 3 has a function of transmitting light having a wavelength of 193 nm with a transmittance of 95% or more (transmittance) and the same distance as the thickness of the phase shift film 3 with respect to the exposure light transmitted through the phase shift film 3. It is preferable to have a function of causing a phase difference of not less than 150 degrees and not more than 210 degrees with the light that has passed through the air only. Further, the phase difference of the phase shift film 3 is more preferably 150 degrees or more and 200 degrees or less, and further preferably 150 degrees or more and 190 degrees or less. From the viewpoint of improving exposure efficiency, the exposure light transmittance of the phase shift film 3 is more preferably 96% or more, and even more preferably 97% or more. The thickness of the phase shift film 3 is preferably 200 nm or less, and more preferably 190 nm or less. On the other hand, the thickness of the phase shift film 3 is preferably 143 nm or more, and more preferably 153 nm or more [0064-0065]. The thickness of the etch stop layer can be 1-4 nm [0059-0060].
Nozawa et al. 20150338731 teaches in examples 1-1, a 12 nm low transmission layer of SiN (41% N), a 55 nm SiN layer (54% N) and a 4 nm SiO film which yields a phase shift of 177.7 degrees. This was coated with a light shielding layer and SiO2 hardmask and patterned. The pattern mask was then used in an exposure [0343-0359]. Example 2 is similar, but formed a 7 nm low transmission layer, an 18 nm high transmission layer, a 7 nm low transmission layer, a 18 nm SiN layer which then was surface oxidized ,a light shielding layer and SiO hardmask formed. This was then patterned using a resist and used in an ArF exposure process [0360-0369]. By limiting the thickness of each of the low transmissive layer and the high transmissive layer to 30 nm or less, preferably 20 nm or less, and particularly preferably 15 nm or less, it is possible to further suppress the step generated on the side wall of the phase shift film pattern after etching (surface roughness) [0079,0176].
Mitsui et al. JP 2012027508 (machine translation attached) teaches in example 1, On a large glass substrate (synthetic quartz (QZ) 10 mm thickness, size 850 mm × 1200 mm), a light transmitting film, a light shielding film, and an antireflection film were formed using a large in-line sputtering apparatus. Films are formed in each space (sputter chamber) continuously arranged in a large in-line sputtering apparatus, with a hafnium oxide (HfO .sub.2 ) target and a molybdenum silicide (MoSi .sub.2 ) target (Mo: 33 mol%, Si: 67). First, in the first sputtering chamber, a transparent film of HfO .sub.2 film was formed to 100 Å using Ar gas as a sputtering gas with respect to the hafnium oxide target. Next, in the next sputtering chamber, a light shielding film of MoSi .sub.2 film was formed to 1000 Å on the MoSi .sub.2 target using Ar gas as a sputtering gas. Further, an anti-reflection film of MoSi .sub.2 O film was formed to 400 Å using Ar gas and O .sub.2 gas as sputtering gas, and a large mask blank for FPD was produced [0055-0058].
Smith 20030112421 teaches with respect to figure 10, a 40 nm HfO2/336 nm SiO2/40nm HfO2 laminate. figure 24, a 39 nm HfO2/259 nm SiO2/39nm HfO2 laminate. figure 26, a 39 nm HfO2/59 nm SiO2/46 nm HfO2 laminate.
Maeda et al. WO 2019230313 (machine translation attached) in example 4 coats a substrate with a 29.5 nm SiON film, a 41.5 nm SiN (57% N) film, a 3 nm SiO film, a light shielding layer and a hardmask. This was then patterned [0107-0111]. In example 3, the substrate was coated with a 29.5 nm layer of SiON, a 41.5 nm SiN (57% N) layer, a 3 nm SiN (32% N) layer, a 3 nm SiO layer, a light shielding layer and a hardmask layer [0102-0106]. As a result of considering these points, the phase shift film has a structure in which the first layer and the second layer are laminated in this order from the light transmitting substrate side, and the first layer is provided in contact with the surface of the light transmitting substrate. By adjusting the refractive indexes n .sub.1 and n .sub.2 , extinction coefficients k .sub.1 and k .sub.2 , and film thicknesses d .sub.1 and d .sub.2 of the first layer and the second layer at the wavelength of the exposure light of the ArF excimer laser, It has been found that a phase shift film having a back surface reflectance of 9% or less can be formed while having a predetermined transmittance and a predetermined phase difference with respect to the exposure light of the ArF excimer laser. The present invention has been made by the above-mentioned earnest studies. In the following description, unless otherwise specified, the values of refractive index, extinction coefficient, transmittance, and phase difference are values with respect to the exposure light of the ArF excimer laser [0029]. The thickness of the first layer can be 10-33 nm [0038]. The thickness of the second layer is 33-50 nm [0039]. The first layer 21 is preferably formed of a material composed of silicon, nitrogen, and oxygen, or a material composed of one or more elements selected from a metalloid element and a nonmetallic element, silicon, nitrogen, and oxygen. The second layer 22 is preferably formed of a material composed of silicon and nitrogen, or a material composed of one or more elements selected from a metalloid element and a nonmetallic element, and silicon and nitrogen. Among these metalloid elements, it is preferable to include one or more elements selected from boron, germanium, antimony, and tellurium because it can be expected to increase the conductivity of silicon used as a sputtering target. Among these nonmetallic elements, it is preferable to contain one or more elements selected from nitrogen, carbon, fluorine and hydrogen. This nonmetallic element includes noble gases such as helium (He), argon (Ar), krypton (Kr), and xenon (Xe) [0040]
The third layer 23 is preferably formed of a material composed of silicon and nitrogen, or a material composed of one or more elements selected from a semimetal element and a nonmetallic element, and silicon and nitrogen, except for the surface layer portion [0057]. The thickness of the third layer is 2-10 nm [0058]. The fourth layer 24 is preferably formed of a material composed of silicon and oxygen, or a material composed of one or more elements selected from a metalloid element and a nonmetallic element, and silicon and oxygen [0061]. The thickness of the fourth layer is 2-10 nm [0062]. The refractive index .sub.n 1 of the first layer 21, the refractive index .sub.n 2 of the second layer 22, the refractive index .sub.n 3 of the third layer 23, the refractive index .sub.n 4 of the fourth layer .sub.24, n 3 .sub.<n 1 <n Preferably, the relationship of .sub.2 and the relationship of n .sub.4 <n .sub.1 <n .sub.2 are simultaneously satisfied. Further, the extinction coefficient .sub.k 1 of the first layer 21, the extinction coefficient .sub.k 2 of the second layer 22, the extinction coefficient .sub.k 3 of the third layer 23, .sub.k 4 the extinction coefficient of the fourth layer 24, .sub.k 1 It is preferable to satisfy the relationship of <k .sub.2 <k .sub.3 and the relationship of k .sub.4 <k .sub.1 <k .sub.2 at the same time. In addition, the refractive index n .sub.4 of the fourth layer 24 is preferably 1.7 or less, and more preferably 1.65 or less. Further, the refractive index n .sub.4 of the fourth layer 24 is preferably 1.50 or more, and more preferably 1.52 or more. Further, the extinction coefficient k .sub.4 of the fourth layer 24 is preferably 0.02 or less, and more preferably 0.01 or less. Further, the extinction coefficient k .sub.4 of the fourth layer 24 is preferably 0.00 or more [0063].
Maeda et al. WO 2020137518 (machine translation attached) in example 1, teaches a phase mask with an 18nm SiN (57% nitrogen), a 6 nm SiON layer, a 33 nm SiN layer. This is then provided with a CrOC film and a silicon hardmask and then patterned. The refractive indices, extinction coefficients and relative thicknesses of the layers are n .sub.1 >n .sub.2 and n .sub.2 <n .sub.3 are satisfied, and when the extinction coefficients of the first layer 21, the second layer 22 and the third layer 23 are k .sub.1 , k .sub.2 and k .sub.3 , respectively, k .sub.1 >k .sub.2 and k .sub.2 <k .sub.3 are satisfied, and the film thicknesses of the first layer 21 and the third layer 23 are d .sub.1 and d .sub.3 , respectively, the relationship of 0.5≦d .sub.1 /d .sub.3 <1 is satisfied [070-0079]. The phase shift film 2 (first layer 21, second layer 22 and third layer 23) is formed of a material containing a non-metal element and silicon. A thin film formed of a material containing silicon and a transition metal tends to have a high extinction coefficient k. In order to reduce the overall film thickness of the phase shift film 2, the phase shift film 2 may be formed of a material containing a non-metal element, silicon and a transition metal. Examples of the transition metal contained in this case include molybdenum (Mo), tantalum (Ta), tungsten (W), titanium (Ti), chromium (Cr), hafnium (Hf), nickel (Ni), vanadium (V). ), zirconium (Zr), ruthenium (Ru), rhodium (Rh), zinc (Zn), niobium (Nb), palladium (Pd) and the like, or an alloy of these metals. On the other hand, the phase shift film 2 is preferably formed of a material composed of a non-metal element and silicon or a material composed of a metalloid element, a non-metal element and silicon. When the phase shift film 2 is required to have high light resistance to ArF exposure light, it is preferable that transition metal is not contained. Further, in this case, it is not possible to rule out that the metal elements other than the transition metal may be a factor that reduces the light resistance to ArF exposure light, so it is desirable not to include them [0039]. The thickness of the first layer is preferably 15-30 nm [0041]. The thickness of the second layer is 10- 30 nm [0045]. The thickness of the third layer is 15-50 nm [0046].
Mori et al. JP 07-209849 (machine translation attached) teaches in example 1, a 170 nm HfO film formed on a quartz substrate and had a transmittance of 16%. A coating of 166.5 nm shifted 365 nm light by 180 degrees [0030-0032]. In example 2, the 170 nm HfO layer was coated with a 100 nm Cr light shielding layer, a resist was applied and the mask blank patterned.[0033-0035].
Jin et al. 20020028392 teaches oxide films may be employed in phase shift masks in accordance with the present invention in order to alter the phase of transmitted light. Oxide materials utilized in embodiments of the present invention include, but are not limited to, silicon dioxide (SiO.sub.2), aluminum oxide (A1.sub.2O.sub.3), hafnium oxide (HfO.sub.2), titanium oxide (TiO.sub.2), zirconium oxide (ZrO.sub.2), and/or tantalum oxide (Ta.sub.2O.sub.5).[0068]. Where the substrate 61 is quartz and the layer 64 is conductive Cr that minimizes charge build-up during electron beam writing and for defining the opaque patterns, thin etch stop layer 62, e.g. diamond-like-carbon (DLC) may act as an etch stop during removal of phase-shift layer 63 (e.g. SiO.sub.2, HfO.sub.2, etc.) that can be selectively etched against the etch stop layer. As described above, the DLC of etch stop layer 62 is preferably formed by ion-beam deposition techniques and exhibits a stress of 1 GPa or less, and preferably a stress of 0.6 GPa or less [0075].
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 October 30, 2025