DETAILED ACTION
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 .
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-6 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shibayama (US 2011/0143149).
Shibayama discloses a resist underlayer film forming composition containing silicone having an onium group and methods of using the resist underlayer film forming composition. Shibayama discloses a two processing methods of a substrate used in the production of semiconductor devices using the resist underlayer film discloses. (Para, 0183). Shibayama discloses one method is a method including: forming a resist underlayer film directly on a substrate for semiconductor devices; and forming thereon, a resist film to form a pattern, and the other method is a method including: forming an underlayer organic film on a substrate for semiconductor devices; forming thereon, a resist underlayer film; and forming further thereon, a resist film layer to form a pattern. (Para, 0183). These disclosures teach the limitation of claim 1, ‘ A method of manufacturing a semiconductor device, comprising: forming a first layer comprising an organic material over a substrate; forming a second layer over the first layer, …forming a photosensitive layer over the second layer; and patterning the photosensitive layer.’
Shibayama discloses the resist underlayer film forming composition in greater detail. Shibayama discloses the composition contains a hydrolyzable organosilane having an onium group, a hydrolysis product thereof, or a hydrolysis-condensation product thereof, and a solvent. (Para, 0063). Shibayama discloses the resist underlayer film forming composition of the present invention may contain, as optional components, an acid, water, an alcohol, a curing catalyst, an acid generator, other organic polymers, a light-absorptive compound, a surfactant, and the like. (Para, 0063). This disclosure teaches the limitation of claim 1, ‘A method of manufacturing a semiconductor device, comprising: …wherein the second layer comprises a silicon-containing material and one or more selected from the group consisting of a photoacid generator, an actinic radiation absorbing additive including an iodine substituent, and a silicon-containing monomer having iodine or phenol group substituents…’ and the limitation of claim 2.
Shibayama discloses the hydrolyzable organosilane having an onium group used in the present invention has a structure of Formula (1), R1aR2bSi(R3)4-(a+b). (Para, 0024; 0066). Shibayama discloses in Formula (1), R1 is an onium group or an organic group containing an onium group, and is a group bonded to a silicon atom through a Si--N bond, a Si--P bond, a Si--S bond, or a Si--C bond. (Para, 0067). This disclosure teaches the limitation of claim 4. Shibayama further discloses R2 is an alkyl group, an aryl group, a halogenated alkyl group, a halogenated aryl group, an alkenyl group, or an organic group having an epoxy group, an acryloyl group, a methacryloyl group, a mercapto group, or a cyano group, and is a group bonded to a silicon atom through a Si--C bond. (Para, 0067). Shibayama also discloses R3 is an alkoxy group, an acyloxy group, or a halogen group, where a is an integer of 1 or 2, and b is an integer of 0 or 1, where a+b is an integer of 1 or 2. (Para, 0067). Shibayama discloses examples of the halogen group as R3 in Formula (1) include fluorine, chlorine, bromine, and iodine. (Para, 0080). These disclosures teach the limitation of claim 6, ‘ The method according to claim 1, wherein the second layer includes the silicon- containing monomer having iodine or phenol group substituents…’
Shibayama describes the patterning method using the resist underlayer film forming composition in greater detail. As discussed above Shibayama discloses two patterning methods one with an organic film formed between the underlayer and the substrate and one with no organic film between the underlayer and the substrate. (Para, 0183). Then Shibayama discloses the resist underlayer film forming composition of the present invention is applied onto a substrate used in the production of semiconductor devices (for example, silicon wafer substrates, silicon/silicon dioxide coated substrates, silicon nitride substrates, glass substrates, ITO substrates, polyimide substrates, low dielectric constant material (low-k material) coated substrates, etc.) by an appropriate coating method such as a spinner and a coater and, then, is baked to form a resist underlayer film. (Para, 0185). Shibayama discloses the baking conditions are accordingly selected from baking temperatures of 80C to 250C, and baking times of 0.3 to 60 minutes. (Para, 0185). Shibayama discloses preferably, the baking temperature is 150C to 250C and the baking time is 0.5 to 2 minutes. (Para, 0185). These disclosures teach the limitations of claim 5 and the limitations of claim 6, ‘ The method according to claim 1… and wherein the forming the second layer comprises: applying a mixture comprising the silicon-containing material and the silicon-containing monomer containing over the first layer; and crosslinking the mixture by heating the mixture at a temperature ranging from 150 -C to 400 -C after applying the mixture over the first layer.’
Shibayama discloses next on the resist underlayer film, a resist film such as a photoresist film is formed. (Para, 0186). Shibayama discloses the formation of the photoresist layer can be performed by a well-known method, that is, by applying a photoresist composition solution on the resist underlayer film and by baking the composition solution. (Para, 0186). Shibayama discloses next, the exposure is performed relative to the formed resist through a predetermined mask. (Para, 0188). Shibayama discloses for the exposure, a KrF excimer laser (wavelength: 248 nm), an ArF excimer laser (wavelength: 193 nm), a F2 excimer laser (wavelength: 157 nm), and the like can be used. (Para, 0188). Shibayama discloses after the exposure, if necessary, post exposure bake can also be performed under conditions accordingly selected from baking temperatures of 70C to 150C and baking times of 0.3 to 10 minutes. (Para, 0188). Shibayama discloses next, development is performed by a developer and when a positive-type photoresist is used, the photoresist of an exposed part is removed to form a photoresist pattern. (Para, 0190).
Shibayama goes on to disclose a second method that also includes forming an underlayer organic film on a substrate for semiconductor devices; forming thereon, a resist underlayer film; and forming further thereon, a resist to form a pattern. (Para, 0198-0200). Shibayama explains that the forming method of the resist film and the forming method of patterns of the resist and the resist underlayer film are as described above. (Para, 0200). Shibayama discloses the method also uses the films composed of the photoresist and the resist underlayer film of the present invention that are patterned by the above-described method as a protecting film, the removal of the underlayer organic film is performed. (Para, 0200).
Shibayama also explains the underlayer organic film and the forming method thereof are not particularly limited so long as the underlayer organic film and the forming method thereof are a well-known underlayer organic film used as a protecting film on a substrate for semiconductor devices and a forming method thereof. (Para, 0199). Shibayama also discloses the underlayer organic film has preferably planarity on the substrate, heat resistance, anti-reflective property, and solvent resistance against a solvent used for the resist underlayer film forming composition. (Para, 0199). These disclosures and the disclosures of Shibayama as discussed above also teach the limitations of claims 9-11.
Therefore, the recitations of claims 1-6 and 9-11 are anticipated by the disclosures of Shibayama.
Double Patenting
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 1-6, 9-13 and 17-20 of the present application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-9 and 12 of U.S. Patent No. 12,189,293. Although the claims at issue are not identical, they are not patentably distinct from each other because both the recitations of claims 1-6, 9-13 and 17-20 of the present application and the recitations of claims 1-5, 7-9 and 12 of US Patent No. 12,189,293 are directed to analogous methods of manufacturing a semiconductor device and a resist underlayer composition that is used in the methods. Moreover, the recitations of claims 1-6, 9-13 and 17-20 of the present application are fully encompassed by the recitations of claims 1-5, 7-9 and 12 of US Patent No. 12,189,293.
Allowable Subject Matter
Claims 7-8 and 15-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The disclosures of Shibayama as discussed above fail to teach and/or suggest the limitation of claim 7, ‘ The method according to claim 6, wherein the applying the mixture comprises spin coating the mixture, and during the spin coating the silicon-containing monomer at least partially separates from the mixture forming an upper second layer and a lower second layer, wherein the upper second layer has a higher concentration of the silicon-containing monomer than the lower second layer.’ The disclosures of Shibayama as discussed above also fail to teach and/or suggest the limitation of claim 15, ‘The method according to claim 9, wherein the middle layer includes the silicon- containing monomer having iodine or phenol group substituents, wherein the silicon-containing monomer has a structure R4
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where Z and D are independently a substituted or unsubstituted C1-C20 alkyl group, C3-C20 cycloalkyl group, C1-C20 hydroxyalkyl group, C2-C20 alkoxy group, C3-C20 alkoxyalkyl group, C2-C20 acetyl group, C3-C20 acetyl alkyl group, C1-C20 carboxyl group, C2-C20 alkyl carboxyl group, C1-C20 alkyl fluoride group, C6-C20 aryl group, C7-C20 aralkyl group, or adamantyl group, wherein Z and D independently include 1-10 iodine or 1-10 phenolic OH groups, or Z is a single bond, or D is H; R4, R5, and R6 are respectively H or a substituted or unsubstituted C6-C20 aryl group, C7-C20 aralkyl group, C3-C20 cycloalkyl group, C1-C20 hydroxyalkyl group, C2-C20 alkoxy group, C3-C20 alkoxy alkyl group, C2-C20 acetyl group, C3-C20 acetyl alkyl group, C1-C20 carboxyl group, C2-C20 alkyl carboxyl group, or C4-C20 cycloalkyl carboxyl group.’ Moreover, the disclosures of Shibayama fail to teach and/or suggest the limitation of claim 16, ‘ The method according to claim 9, wherein the middle layer includes the silicon- containing monomer having iodine or phenol group substituents, wherein the silicon-containing monomer is selected from the group consisting of :
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.’
The prior art fails to provide other relevant disclosures which are properly combinable with Shibayama that teach and/or suggest the limitiaotn of claims 7 and 15-16. Claim 8 depends directly from claim 7. Therefore, claims 7-8 and 15-16 include allowable subject matter.
Conclusion
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/CALEEN O SULLIVAN/Primary Examiner, Art Unit 2899