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 response of the applicant has been read and given careful consideration. The amendment to the claims has obviated the prior art rejection of the previous action. The amendment raised a new issue.
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 and 3-13 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.
The applicant deleted formula (1), but not the recitation relating to R1. please delete “
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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 and 3-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12669748. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent recite:
1 A chemically amplified resist composition comprising a quencher and an acid generator, said quencher comprising a compound having an acid labile group containing a nitro-substituted aromatic moiety and a heterocyclic amine structure in its molecule, wherein the compound has the formula (1) or (2):
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wherein m is 1 or 2, the circle R is a C.sub.3-C.sub.12 heterocycle containing the nitrogen atom in the formula, which may contain at least one moiety selected from an ether bond, ester bond, sulfide bond, sulfonyl moiety, and —N═, and R.sup.1 and a carbon atom in the ring may bond together to form a bridged ring, the circle R′ is a C.sub.3-C.sub.12 heterocycle containing the nitrogen atom in the formula, which may contain at least one moiety selected from an ether bond, ester bond, sulfide bond, sulfonyl moiety, —N═, and —N(R.sup.1)—, R.sup.1 is hydrogen, a C.sub.1-C.sub.6 saturated hydrocarbyl group, acetyl, methoxycarbonyl, ethoxycarbonyl, n-propyloxycarbonyl, isopropyloxycarbonyl, tert-butoxycarbonyl, tert-entyloxycarbonyl, methylcyclopentyloxycarbonyl, ethylcyclopentyloxycarbonyl, propylcyclopentyloxycarbonyl, phenyl, benzyl, naphthyl, naphtylmethyl, methylcyclohexyloxycarbonyl, ethylcyclohexyloxycarbonyl, 9-fluorenylmethyloxycarbonyl, allyloxycarbonyl, methoxymethyl, ethoxymethyl, propoxymethyl, or butoxymethyl, R.sup.2 is hydrogen, halogen, a C.sub.1-C.sub.6 saturated hydrocarbyl group or phenyl group, some or all of the hydrogen atoms in the saturated hydrocarbyl group and phenyl group may be substituted by halogen, X.sup.1 is a single bond, or a C.sub.1-C.sub.20 saturated hydrocarbylene group, C.sub.6-C.sub.12 arylene group, C.sub.7-C.sub.14 alkenylene group or group obtained by combining the foregoing, the saturated hydrocarbylene group, arylene group, alkenylene group or group obtained by combining the foregoing may contain at least one moiety selected from an ether bond, ester bond, sulfide, cyano, nitro, sulfonyl, sultone ring, lactone ring and halogen, R is a group having the formula (R):
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wherein n1 is 1 or 2, and n2 is an integer of 0 to 3, R.sup.3 and R.sup.4 are each independently a C.sub.1-C.sub.10 aliphatic hydrocarbyl group which may contain a heteroatom, R.sup.3 and R.sup.4 may bond together to form a ring with the carbon atom to which they are attached, R.sup.5 is hydrogen, halogen, C.sub.1-C.sub.6 alkyl group, C.sub.1-C.sub.6 alkoxy group or C.sub.1-C.sub.6 acyloxy group, and the broken line designates a valence bond.
2. The resist composition of claim 1 wherein the acid generator is capable of generating a sulfonic acid, imide acid or methide acid.
3. The resist composition of claim 1, further comprising a base polymer.
4. The resist composition of claim 3 wherein the base polymer comprises repeat units having the formula (a1) or repeat units having the formula (a2):
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wherein R.sup.A is each independently hydrogen or methyl, R.sup.11 and R.sup.12 are each independently an acid labile group, Y.sup.1 is a single bond, phenylene, naphthylene, or a C.sub.1-C.sub.12 linking group containing an ester bond and/or lactone ring, and Y.sup.2 is a single bond or ester bond.
5. The resist composition of claim 4 which is a chemically amplified positive resist composition.
6. The resist composition of claim 3 wherein the base polymer is free of an acid labile group.
7. The resist composition of claim 6 which is a chemically amplified negative resist composition.
8. The resist composition of claim 3 wherein the base polymer comprises repeat units having any one of the formulae (f1) to (f3):
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wherein R.sup.A is each independently hydrogen or methyl, Z.sup.1 is a single bond, a C.sub.1-C.sub.6 aliphatic hydrocarbylene group, phenylene group, naphthylene group, or C.sub.7-C.sub.18 group obtained by combining the foregoing, or —O—Z.sup.11—, —(═O)—O—Z.sup.11— or —C(═O)—NH—Z.sup.11—, Z.sup.11 is a C.sub.1-C.sub.6 aliphatic hydrocarbylene group, phenylene group, naphthylene group, or C.sub.7-C.sub.18 group obtained by combining the foregoing, which may contain a carbonyl moiety, ester bond, ether bond or hydroxy moiety, Z.sup.2 is a single bond, —Z.sup.21—C(═O)—O—, —Z.sup.21—O— or —Z.sup.21—O—C(═O)—, Z.sup.21 is a C.sub.1-C.sub.12 saturated hydrocarbylene group which may contain a carbonyl moiety, ester bond or ether bond, Z.sup.3 is a single bond, methylene, ethylene, phenylene, fluorinated phenylene, trifluoromethyl-substituted phenylene group, —O—Z.sup.31—, —C(═O)—O—Z.sup.31—, or —C(═O)—NH—Z.sup.31—, Z.sup.31 is a C.sub.1-C.sub.6 aliphatic hydrocarbylene group, phenylene group, fluorinated phenylene group, or trifluoromethyl-substituted phenylene group, which may contain a carbonyl moiety, ester bond, ether bond or hydroxy moiety, R.sup.21 to R.sup.28 are each independently halogen or a C.sub.1-C.sub.20 hydrocarbyl group which may contain a heteroatom, a pair of R.sup.23 and R.sup.24 or R.sup.26 and R.sup.27 may bond together to form a ring with the sulfur atom to which they are attached, R.sup.HF is hydrogen or trifluoromethyl, and M.sup.− is a non-nucleophilic counter ion.
9. The resist composition of claim 1, further comprising an organic solvent.
10. The resist composition of claim 1, further comprising a surfactant.
11. A pattern forming process comprising the steps of applying the chemically amplified resist composition of claim 1 onto a substrate to form a resist film thereon, exposing the resist film to high-energy radiation, and developing the exposed resist film in a developer.
12. The process of claim 11 wherein the high-energy radiation is i-line of wavelength 365 nm, ArF excimer laser of wavelength 193 nm, KrF excimer laser of wavelength 248 nm, EB or EUV of wavelength 3 to 15 nm.
The composition and their use as bounded by claims 1-12 of U.S. Patent No. 12669748, embrace the subject matter of the instant claims when the quencher is formula (2), R2, R and circle R are as recited, X1 is a combination of a C.sub.1-C.sub.20 saturated hydrocarbylene group, C.sub.6 arylene group substituted by a nitro group and an ether or ester bond which are recited in claim 1, noting that the group R is an acid labile leaving group.
Note Q-2 to Q4 in column 227.
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ching-Yu (Coris) Fung can be reached at 571-270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 July 31, 2026
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