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 .
Response to Arguments
Applicant’s arguments, see page 11, filed 11 December 2025, with respect to the objection to claim 12 have been fully considered and are persuasive. The objection to claim 12 has been withdrawn.
Applicant has amended claim 12 to recite that the second layer comprises MoSi. Therefore, the minor informalities have been resolved and the objection to claim 12 is withdrawn.
Applicant’s arguments, see page 11, filed 11 December 2025, with respect to the objection to the drawings have been fully considered and are persuasive. The objection to the drawings has been withdrawn.
Applicant has amended paragraphs 0041, 0056, 0074-0075, and 0081 of the instant application’s specification to define each of the reference items not previously described therein. Therefore, the objection to the drawings has been withdrawn.
Applicant’s arguments, see page 11, filed 11 December 2025, with respect to the rejection of claim 7 under 35 U.S.C. 112(b) have been fully considered and are persuasive. The rejection of claim 7 under 35 U.S.C. 112(b) has been withdrawn.
Applicant has amended claim 7 to make claim 7 dependent from claim 6 instead of dependent from claim 1. The lack of antecedent basis has been remedied. Therefore, the rejection of claim 7 under 35 U.S.C. 112(b) has been withdrawn.
Applicant’s arguments, see pages 11-13, filed 11 December 2025, with respect to the rejection(s) of claim(s) 1 and 14, as well as their dependent claims, under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 20230066219 A1 (hereby referred to as Yu).
Applicant argues that the previously cited art (specifically Jheng) fails to disclose or suggest a method of manufacturing a photomask according to instant claims 1 and 14 and therefore, the rejection of claims 1 and 14, as well as their dependent claims, is improper. In particular, Applicant argues that Jheng does not determine the second contour (602) based on the first contour (502), but instead the two contours are independently determined. Applicant cites paragraph 0033 and 0035 of Jheng to support this argument. Upon review of Jheng’s disclosure, the Applicant’s arguments are found to be persuasive, as the Examiner misinterpreted Jheng’s disclosure. Therefore, the previous rejection has been withdrawn. However, a new rejection is presented in view of US 20230066219 A1 (hereby referred to as Yu), as explained below.
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) 1, 6-8, 14-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190146355 A1 (hereby referred to as Jheng) in view of US 20230066219 A1 (hereby referred to as Yu).
The Examiner notes that Yu has a publication date of 2 March 2023, which is after the effective filing date of the instant application. However, Yu has a filing date of 31 August 2021, and thus qualifies as prior art under 35 U.S.C. 102(a)(2).
Regarding Claim 1, Jheng discloses photomasks and a method of performing optical proximity correction (OPC). Jheng discloses a technique for fabricating a photolithographic mask, as shown in Fig. 2A, 2B, and 3-7C (Jheng, paragraph 0025). The technique involves steps of receiving initial photomask design data associated with one or more mask patterns to be formed on a photomask (Jheng, paragraph 0026, see also Fig. 2A and 3); and determining a first contour (reference item 502 in Fig. 5A-5C) associated with the one or more patterns based on the initial photomask design (Jheng, paragraph 0030, see also Fig. 2A and 5A-5C). Simulated contours (602) are evaluated relative to the first contours (502), including comparing mask error and the amount of dose and defocus, determining edge errors, evaluating ILS/NILS of the contours, and the like (Jheng, paragraph 0035-0037). Jheng discloses that etching variability is a process parameter evaluated for inconsistencies in photomask fabrication (Jheng, paragraph 0027-0028). Following the steps of determining the first and second contours, Jheng discloses that optical proximity correction (OPC) is performed on the initial mask pattern layout data (Jheng, paragraph 0027 and 0040). Corrected photomask design data is then generated based on the OPC process (Jheng, paragraph 0048, see also Fig. 2A-2B).
However, Jheng is silent in regards to generating the second contour based on the first contour. Yu teaches a method of preparing photomask data and manufacturing a photomask. Yu’s method is an OPC-based method that enhances the layout pattern by generating contours (Yu, paragraph 0047). In Yu’s method, a first contour image associated with a projected layout pattern of a photo mask is generated when the photo mask is projected onto a resist layer on a wafer (Yu, paragraph 0052). The features of the first contour image are then extracted (Yu, paragraph 0052). Following extraction, the features are used as inputs to a neural network, which then outputs a second contour image generated based on the input features (Yu, paragraph 0052). Refer to Fig. 10 of Yu.
Jheng and Yu are analogous art because both references pertain to optical proximity correction (OPC) for photomask pattern layouts. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to generate the second contour based upon the first contour, as taught by Yu, in the method taught by Jheng because using the first contour to generate a second contour enhances the effects of the OPC and reduces the probability of defects being produced in the resist pattern (Yu, paragraph 0059). Furthermore, using the first contour to generate a second contour allows for greater accuracy between the projected pattern and the actual pattern formed on the resist (Yu, paragraph 0045).
Regarding Claims 6 and 14-15, Jheng discloses that a not yet patterned mask (i.e. a mask blank) is provided (Jheng, paragraph 0049), and is patterned (Jheng, Fig. 8). The mask blank includes a plurality of layers formed on a mask substrate, including a multilayer reflective structure (904), a capping layer (906), and an absorptive layer (908) (Jheng, paragraph 0050-0051). Refer to Fig. 9 of Jheng. When the aforementioned method of instant claim 1, which is rendered obvious by the combination of Jheng and Yu, is performed in sequence with providing the above-described mask blank, a method of manufacturing a photomask comprising steps (A) and (B) as recited by instant claims 14 and 15 is performed.
Regarding Claim 7, Jheng discloses that the mask blank is processed (i.e. patterned) using the OPC corrected photomask design data, thus forming a lithographic photomask (Jheng, paragraph 0048-0052, see also Fig. 8).
Regarding Claims 8 and 17, the combination of Jheng and Yu renders obvious the method of manufacturing a photomask according to instant claim 1. Jheng further discloses that the mask blank provided to be patterned comprises three or more layers (Jheng, paragraph 0050-0051). The photomask is a large-size photomask used in a lithography process (Jheng, paragraph 0054). Jheng is silent in regards to the use of the photomask to manufacture a flat panel display. However, the recitation of claims 8 and 17 that states “…for use in a lithography process to manufacture a flat panel display (FPD)” is interpreted to be a recited purpose or intended use. In the case of the present invention (and per MPEP 2111.02 II.), the intended use does not result in a structural or manipulative difference between the claimed invention and the prior art and therefore this limitation is not given patentable weight. Therefore, the method obtained by combining Jheng’s and Yu’s teachings renders obvious instant claims 8 and 17.
Claim(s) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190146355 A1 (hereby referred to as Jheng) in view of US 20230066219 A1 (hereby referred to as Yu) as applied to claim 1 above, and further in view of US 20060288325 A1 (hereby referred to as Miyamoto).
Regarding Claims 2-3, the combination of Jheng and Yu renders obvious a method of manufacturing a photomask according to instant claim 1. However, Jheng and Yu are both silent in regards to the use of a smoothing model that is a Gaussian model.
Miyamoto teaches a method and apparatus for measuring dimensions of a pattern formed on a semiconductor wafer. In particular, Miyamoto teaches a method for generating a photomask pattern (1602) (Miyamoto, paragraph 0123). The pattern shape is provided as CAD data that had OPC performed upon it to prevent deformation of the pattern (Miyamoto, paragraph 0079). The photomask pattern is generated from CAD data for the mask, and then a smoothing process (Gaussian filtering) is performed on the photomask pattern to generate a contour shape (Miyamoto, paragraph 0123).
Jheng, Yu, and Miyamoto are analogous art because each reference pertains to correcting photomask patterns. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to determine the first contour in the method rendered obvious by the combination of Jheng and Yu using a Gaussian smoothing model, as taught by Miyamoto, because doing so provides advantages such as no required setup on processing parameters and low calculation costs (Miyamoto, paragraph 0123).
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190146355 A1 (hereby referred to as Jheng) in view of US 20230066219 A1 (hereby referred to as Yu) as applied to claim 1 above, and further in view of US 20180284597 A1 (hereby referred to as Weisbuch).
Regarding Claims 4-5, the combination of Jheng and Yu renders obvious a method of manufacturing a photomask according to instant claim 1. However, Jheng is silent in regards to the use of propagation vectors based on etch skew or etch process parameters. Yu teaches vectors used to transform the shape of the contour when generating the second contour based on the first contour (Yu, paragraph 0039). However, Yu also is silent in regards to propagation vectors based on etch skew or etch process parameters.
Weisbuch teaches etch kernel definition for etch modeling. In particular, Weisbuch teaches a method for preparing pattern layout data for OPC, wherein the method comprises steps of receiving data of a desired layout to be created via photolithography and designating contours of the layout representing data that are to be biased prior to applying the OPC (Weisbuch, paragraph 0009). Weisbuch further teaches that the second contour (420) is determined by determining propagation vectors (the “bias vectors”) extending from the first contour (220) (Weisbuch, paragraph 0035 and Fig. 1-2). The bias vectors taught by Weisbuch are based on an etch model that calculates an etch contour from a starting lithographic contour (Weisbuch, paragraph 0037). This method provides better definition of the etching parameter space (Weisbuch, paragraph 0056).
Jheng, Yu, and Weisbuch are analogous art because each reference pertains to methods of correcting photomask pattern layouts with OPC. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to determine the second contour in the method rendered obvious by the combination of Jheng and Yu using propagation vectors based on etch process parameters, as taught by Weisbuch, because the method utilizing propagation vectors based on etch process parameters yields an OPC method that provides accurate correction of pattern shapes for the photomask (Weisbuch, paragraph 0020) and the vector data reliably extrapolates and predicts contours (Weisbuch, paragraph 0037).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190146355 A1 (hereby referred to as Jheng) in view of US 20230066219 A1 (hereby referred to as Yu) as applied to claim 1 above, and further in view of US 20210124254 A1 (hereby referred to as Shin).
Regarding Claim 9, the combination of Jheng and Yu renders obvious the method of manufacturing a photomask according to instant claim 1. Jheng further discloses that the mask blank provided to be patterned comprises three or more layers (Jheng, paragraph 0050-0051).
However, Jheng and Yu are silent in regards to the layers of the mask blank comprising a substrate, a phase shift layer, an etch stop layer, and an absorber layer, in that order. Shin teaches a mask blank and a photomask for EUV lithography. The mask blank comprises a transparent substrate (101), a reflective film (102), a capping film (104), a first etch stop film (106), a phase shift film (108), a second etch stop film (110), an absorbing film (112), a hardmask film (114), and a resist film (116) (Shin, paragraph 0025; see also Fig. 1). In this embodiment, the photomask blank comprises a substrate with a phase shift layer over the substrate, an etch stop layer over the phase shift layer, and an absorber layer over the etch stop layer.
Jheng, Yu, and Shin are analogous art because each reference pertains to photomask blanks. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to provide a multilayer mask blank having the structure taught by Shin in the method of manufacturing a photomask obtained by combining the teachings of Jheng and Yu because the mask blank structure taught by Shin provides high reflectance, making it possible to secure the characteristics and process margin of the NILS and mask error enhancement factor during patterning of a wafer (Shin, paragraph 0040).
Claim(s) 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190146355 A1 (hereby referred to as Jheng) in view of US 20230066219 A1 (hereby referred to as Yu) and US 20210124254 A1 (hereby referred to as Shin) as applied to claim 9 above, and further in view of US 20150331309 A1 (hereby referred to as Hsueh).
Regarding Claims 10-13, the combination of Jheng, Yu, and Shin renders prima facie obvious the method of manufacturing a photomask according to instant claim 9. Shin further teaches the presence of a photoresist layer on top of the mask blank structure (Shin, paragraph 0025 and Fig. 1). Jheng discloses the exposure of a resist layer and the etching of the exposed portions (Jheng, paragraph 0053). Shin teaches the inclusion of chromium in the phase shift film (the first layer) (Shin, paragraph 0028).
However, Jheng, Yu, and Shin fail to teach each of the processing steps recited by instant claim 10. Hseuh teaches a method of fabricating a photomask (reticle). The method taught by Hseuh includes the exposing and developing of a first photoresist layer (240) disposed over a third layer to form a pattern of exposed portions on the third layer (230) (Hseuh, paragraph 0027 and Fig. 3); etching the exposed portions of the third layer to form a pattern of exposed portions on the second layer (220) (Hseuh, paragraph 0028 and Fig. 4); etching the exposed portions of the second layer to form a pattern of exposed portions on the first layer (210) (Hseuh, paragraph 0028 and Fig. 5); depositing a second photoresist layer (250) over the first layer, etched second layer, and etched third layer (Hseuh, paragraph 0029 and Fig. 6); exposing and developing the second photoresist layer to form a pattern of exposed regions of the first layer (Hseuh, paragraph 0029-0030 and Fig. 6-7); and etching the exposed portions of the first layer to form a pattern of exposed portions of the substrate (Hseuh, paragraph 0030 and Fig. 7-8). Hseuh further teaches that the first layer comprises chromium (Cr) (Hseuh, paragraph 0025), the second layer comprises MoSi (Hseuh, paragraph 0025), and the third layer comprises chromium (Cr) (Hseuh, paragraph 0025).
Jheng, Yu, Shin, and Hseuh are analogous art because each reference pertains to photomasks and their manufacture. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to process the mask blank having patterns determined by the OPC method obtained by combining the teachings of Jheng, Yu, and Shin using the processing steps taught by Hseuh because the processing steps taught by Hseuh yield a finely patterned reticle (photomask) whilst reducing manufacturing costs (Hseuh, paragraph 0022 and 0035). Furthermore, it would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use chromium for the first and third layers and MoSi for the second layer, as taught by Hseuh, in the processed photomask obtained by combining the teachings of Jheng, Yu, and Shin because these materials yield desirable optical properties of the photomask, such as transmission properties of each of the layers (Hseuh, paragraph 0025).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190146355 A1 (hereby referred to as Jheng) in view of US 20230066219 A1 (hereby referred to as Yu) as applied to claim 14 above, and further in view of US 20210124254 A1 (hereby referred to as Shin) and US 20150331309 A1 (hereby referred to as Hsueh).
Regarding Claims 16, the combination of Jheng and Yu renders prima facie obvious the method of manufacturing a photomask according to instant claim 14. Jheng further discloses that the mask blank provided to be patterned comprises three or more layers (Jheng, paragraph 0050-0051). Jheng discloses the exposure of a resist layer and the etching of the exposed portions (Jheng, paragraph 0053).
However, Jheng and Yu are silent in regards to the layers of the mask blank comprising a substrate, a phase shift layer, an etch stop layer, and an absorber layer, in that order. Shin teaches a mask blank and a photomask for EUV lithography. The mask blank comprises a transparent substrate (101), a reflective film (102), a capping film (104), a first etch stop film (106), a phase shift film (108), a second etch stop film (110), an absorbing film (112), a hardmask film (114), and a resist film (116) (Shin, paragraph 0025; see also Fig. 1). In this embodiment, the photomask blank comprises a substrate with a phase shift layer over the substrate, an etch stop layer over the phase shift layer, and an absorber layer over the etch stop layer. Shin further teaches the presence of a photoresist layer on top of the mask blank structure (Shin, paragraph 0025 and Fig. 1). Shin teaches the inclusion of chromium in the phase shift film (the first layer) (Shin, paragraph 0028).
However, Jheng, Yu, and Shin fail to teach each of the processing steps recited by instant claim 16. Hseuh teaches a method of fabricating a photomask (reticle). The method taught by Hseuh includes the exposing and developing of a first photoresist layer (240) disposed over a third layer to form a pattern of exposed portions on the third layer (230) (Hseuh, paragraph 0027 and Fig. 3); etching the exposed portions of the third layer to form a pattern of exposed portions on the second layer (220) (Hseuh, paragraph 0028 and Fig. 4); etching the exposed portions of the second layer to form a pattern of exposed portions on the first layer (210) (Hseuh, paragraph 0028 and Fig. 5); depositing a second photoresist layer (250) over the first layer, etched second layer, and etched third layer (Hseuh, paragraph 0029 and Fig. 6); exposing and developing the second photoresist layer to form a pattern of exposed regions of the first layer (Hseuh, paragraph 0029-0030 and Fig. 6-7); and etching the exposed portions of the first layer to form a pattern of exposed portions of the substrate (Hseuh, paragraph 0030 and Fig. 7-8). Hseuh further teaches that the first layer comprises chromium (Cr) (Hseuh, paragraph 0025), the second layer comprises MoSi (Hseuh, paragraph 0025), and the third layer comprises chromium (Cr) (Hseuh, paragraph 0025).
Jheng, Yu, Shin, and Hseuh are analogous art because each reference pertains to photomasks and their manufacture. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to process the mask blank having patterns determined by the OPC method obtained by combining the teachings of Jheng, Yu, and Shin using the processing steps taught by Hseuh because the processing steps taught by Hseuh yield a finely patterned reticle (photomask) whilst reducing manufacturing costs (Hseuh, paragraph 0022 and 0035). Furthermore, it would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use chromium for the first and third layers and MoSi for the second layer, as taught by Hseuh, in the processed photomask obtained by combining the teachings of Jheng, Yu, and Shin because these materials yield desirable optical properties of the photomask, such as transmission properties of each of the layers (Hseuh, paragraph 0025). The Examiner notes that the method taught by Hseuh, when included in sequence with the methods taught by Jheng and Yu, yields a manufacturing method for producing a photomask that comprises steps (A), (B), and (C), as recited by instant claim 16.
Claim(s) 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190146355 A1 (hereby referred to as Jheng) in view of US 20230066219 A1 (hereby referred to as Yu) as applied to claim 14 above, and further in view of US 20150198872 A1 (hereby referred to as Son).
Regarding Claims 18-19, the combination of Jheng and Yu renders obvious a method of manufacturing a photomask according to instant claim 1. Jheng further discloses that a lithography system provides an exposure radiation onto a mask, thereby providing a exposure pattern onto a glass plate substrate to transfer a circuit pattern (Jheng, paragraph 0021, 0023, and 0050; see also Fig. 1 and 9). However, Jheng and Yu are silent in regards to the manufacture of a flat panel display.
Son teaches a phase shift mask and a method of manufacturing a display panel. The phase-shift mask comprises a transparent substrate and a phase shift pattern provided on the transparent substrate (Son, paragraph 0054). Son teaches that a patterning method including the mask includes steps of providing a substrate having a photoresist layer disposed upon it, and irradiating light onto the photoresist layer through the phase shift mask (Son, paragraph 0050). See Fig. 1A of Son. A display panel may be manufactured by providing a substrate having a plurality of layers disposed upon the substrate, irradiating light to the substrate and the plurality of layers through a phase shift mask, and developing the pattern (Son, paragraph 0027). The substrate may be a glass or plastic substrate (Son, paragraph 0159). The display device is described as a liquid crystal display (LCD), and the flat panel display produced is an LCD panel (Son, paragraph 0006-0007).
Jheng, Yu, and Son are analogous art because each reference pertains to photomasks, the manufacture of photomasks, and the use of photomasks. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use the photomask obtained by the methods obtained by combining the teachings of Jheng and Yu to produce a flat panel display device, as taught by Son, because the method of producing a display panel taught by Son produces a display device having a precise pattern (Son, paragraph 0073), allowing for a display apparatus having an increased resolution (Son, paragraph 0007).
Conclusion
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/JAYSON D COSGROVE/Examiner, Art Unit 1737
/JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734