Prosecution Insights
Last updated: July 17, 2026
Application No. 18/144,963

MASK BLANK, RESIST PATTERN FORMING PROCESS AND CHEMICALLY AMPLIFIED POSITIVE RESIST COMPOSITION

Final Rejection §102§103
Filed
May 09, 2023
Priority
May 10, 2022 — JP 2022-077283
Examiner
MALLOY, ANNA E
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shin-Etsu Chemical Co., Ltd.
OA Round
2 (Final)
46%
Grant Probability
Moderate
3-4
OA Rounds
2m
Est. Remaining
41%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
225 granted / 491 resolved
-19.2% vs TC avg
Minimal -5% lift
Without
With
+-4.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
39 currently pending
Career history
541
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
89.4%
+49.4% vs TC avg
§102
3.7%
-36.3% vs TC avg
§112
4.8%
-35.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 491 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1-3 and 6-19 are pending. Claims 1 and 15 have been amended, claims 4 and 5 have been canceled, and claims 16-19 have been added. 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 Objections Claims 18 and 19 are objected to because of the following informalities: Claims 18 and 19 recite PNG media_image1.png 31 127 media_image1.png Greyscale . Appropriate correction is required. 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 1-3 and 6-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 and 14-19 of copending Application No. 18/142,910 (reference application) (U.S. 2023/0367214). Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and copending claims are directed to resist compositions consisting of formulae (A1) and (A2) and to their use on mask blanks. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 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. 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 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nihashi et al. (U.S. 2021/0011380). Nihashi et al. teaches a resist composition in Example 9 comprising Composition 9 having 72.3% by mass of the resin, 22.9% by mass of the photoacid generator, and 4.7% by mass of the acid diffusion control agent (quencher) [page 63] in which Composition 9 comprises resin p-9 [0493], the photoacid generator is a combination of anions A-6 and A-7 with cation C1 [0503], and acid diffusion control agent D3 [0507] wherein resin p-9 comprises monomers M3 and M44 [0492] which are the following: PNG media_image2.png 107 270 media_image2.png Greyscale [page 41] and PNG media_image3.png 154 281 media_image3.png Greyscale [page 44] which are equivalent to a base polymer consisting of phenolic hydroxy group-containing repeat units having the formula (A1) and repeat units containing a carboxy group protected with an acid labile group having the formula (A2) of instant claim 15 when RA is hydrogen, X1 is a single bond, A1 is a single bond, a1 is 0, a2 is 2, and a3 is 0; and RA is methyl, X2 is a single bond, RB and RC are C1 hydrocarbyl groups, b1 is 0, b2 is 2 where each R2 is a C1 fluorinated alkyl group, b3 is 0, and b4 is 0. The weight ratio of the photoacid generator to the quencher is less than 6/1 (claim 15). Nihashi et al. also teaches the above-mentioned components were mixed so as to meet the solid content (the resin, the photoacid generator, and the acid diffusion control agent) [0511] and as the solvent, a mixed solvent consisting of propylene glycol monomethyl ether acetate (PGMEA), propylene glycol monomethyl ether (PGME), and ethyl lactate (EL) was used. A mixing ratio of the mixed solvents was PGMEA/PGME/EL=490/490/1,470 (mass ratio) [0509] (claim 15). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nihashi et al. (U.S. 2021/0011380). With regard to claim 17, Nihashi et al. teaches the above repeat unit (A1) when a1 is 0. Nihashi et al. does not teach when a1 is 1 and R1 is a C2-C6 saturated hydrocarbylcarbonyloxy, C1-C6 saturated hydrocarbyl group, or C1-C6 saturated hydrocarbyloxy group. However, Nihashi et al. teaches specific examples of the repeating unit represented by General Formula (B) include the following [0187]: PNG media_image4.png 112 267 media_image4.png Greyscale PNG media_image5.png 120 268 media_image5.png Greyscale [0187] wherein a is 1 or 2 [0187] in which (B-1) when a is 2 is equivalent to the repeat unit above in resin p-9 and (B-9) when a is 1 or 2 is equivalent to formula (A1) when RA is hydrogen, X1 is a single bond, A1 is a single bond, a1 is 1 where R1 is a C1 saturated hydrocarbyl, a2 is 1 or 2, and a3 is 0. Nihashi et al. also teaches the present invention will be described in more details with reference to Examples, but the present invention is not limited thereto [0485] and an object of the present invention is to provide a photosensitive composition for EUV light, capable of forming a pattern, in which occurrence of missing defects is suppressed and pattern collapse is suppressed [0006]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Nihashi et al. to include other phenolic hydroxy repeat units such as (B-9) and arrive at the instant claims through routine experimentation of substituting equally suitable components for the sought invention in order to suppress defects and pattern collapse. With regard to claim 19, Nihashi et al. teaches in Example 9, the acid diffusion control agent (quencher) is the following formula D3: PNG media_image6.png 168 266 media_image6.png Greyscale [0505]. Nihashi et al. does not teach the acid diffusion control agent (quencher) is an onium salt of formula (G1), formula (G2), formula (G3), or a weak acid betaine compound. However, Nihashi et al. teaches specific examples of the acid diffusion control agent are shown below, but the present invention is not limited [0363]: PNG media_image7.png 116 165 media_image7.png Greyscale PNG media_image8.png 141 199 media_image8.png Greyscale [0363] in which the right is equivalent to an onium salt of α-non-fluorinated carboxylic acid having the formula (G1) of instant claim 19 when R301 is a C6 hydrocarbyl group and Mq+ is an onium cation. Nihashi et al. also teaches the present invention will be described in more details with reference to Examples, but the present invention is not limited thereto [0485] and an object of the present invention is to provide a photosensitive composition for EUV light, capable of forming a pattern, in which occurrence of missing defects is suppressed and pattern collapse is suppressed [0006]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Nihashi et al. to include other acid diffusion control agents (quenchers) such as the above onium salt and arrive at the instant claims through routine experimentation of substituting equally suitable components for the sought invention in order to suppress defects and pattern collapse. Claims 1-3, 7-14, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto et al. (U.S. 2013/0122407) in view of Nihashi et al. (U.S. 2021/0011380). Hashimoto et al. teaches a reflective mask blank for manufacturing a reflective mask, comprising: a substrate; a multilayer reflective film which is formed on the substrate and adapted to reflect exposure light; an absorber film which is formed on the multilayer reflective film and adapted to absorb the exposure light; and a resist film for electron beam writing which is formed on the absorber film [0062-0066] where as a multilayer reflective film for EUV light having a wavelength of 13 to 14 nm, use is preferably made of a Mo/Si cycle laminated film in which Mo films and Si films are alternately laminated by about 40 cycles [0126] and the absorber film is made of the material containing tantalum [0134] (claim 11). Hashimoto et al. also teaches a predetermined transfer pattern is formed in the absorber film of the reflective mask blank. First, the resist film on the absorber film is subjected to predetermined pattern writing by the use of an electron beam writing apparatus and then to development, thereby forming a predetermined resist pattern 51 (see FIG. 8(b)). Using the formed resist pattern as a mask, the uppermost layer and the lower layer of the absorber film are dry-etched to thereby form an absorber film pattern (laminated pattern of an uppermost layer pattern and a lower layer pattern) in the form of the predetermined transfer pattern [0153-0154] (claims 1 and 12-14). Hashimoto et al. does not specify the resist composition. Nihashi et al. teaches a resist composition in Example 9 comprising Composition 9 having 72.3% by mass of the resin, 22.9% by mass of the photoacid generator, and 4.7% by mass of the acid diffusion control agent (quencher) [page 63] (claims 1, 7, and 9) in which Composition 9 comprises resin p-9 [0493], the photoacid generator is a combination of anions A-6 and A-7 with cation C1 [0503], and acid diffusion control agent D3 [0507] wherein resin p-9 comprises monomers M3 and M44 [0492] which are the following: PNG media_image2.png 107 270 media_image2.png Greyscale [page 41] and PNG media_image3.png 154 281 media_image3.png Greyscale [page 44] which are equivalent to a base polymer consisting of phenolic hydroxy group-containing repeat units having the formula (A1) and repeat units containing a carboxy group protected with an acid labile group having the formula (A2) of instant claims 1 and 3, specifically formula (A1-1) and (A2-1) respectively of instant claim 2 when RA is hydrogen and a2 is 2; and RA is methyl, X2 is a single bond, RB and RC are C1 hydrocarbyl groups, b1 is 0, b2 is 2 where each R2 is a C1 fluorinated alkyl group (trifluoromethyl group), and b3 is 0; anions A-6 and A-7 and cation C1 are the following: PNG media_image9.png 219 274 media_image9.png Greyscale [0497] PNG media_image10.png 128 268 media_image10.png Greyscale [0499] in which the anions have an acid strength (pka) of -1.37 and -2.425 respectively (claim 8). Nihashi et al. also teaches the above-mentioned components were mixed so as to meet the solid content (the resin, the photoacid generator, and the acid diffusion control agent) [0511] and as the solvent, a mixed solvent consisting of propylene glycol monomethyl ether acetate (PGMEA), propylene glycol monomethyl ether (PGME), and ethyl lactate (EL) was used. A mixing ratio of the mixed solvents was PGMEA/PGME/EL=490/490/1,470 (mass ratio) [0509] (claim 1). Nihashi et al. further teaches the acid diffusion control agent acts as a quencher that traps an acid generated from a photoacid generator and functions to control the phenomenon of acid diffusion in the resist film [0323]. The resist film of Nihashi et al. is the same as instantly claimed. Therefore, it is expected to have a dissolution rate in overexposed region of at least 100 nm/sec, absent any evidence to the contrary (claim 10). Nihashi et al. also teaches the procedure of the pattern forming method using the resist composition is not particularly limited, but preferably has the following steps. Step 1: A step of forming a resist film on a substrate, using a resist composition. Step 2: A step of exposing the resist film to EUV light. Step 3: A step of developing the exposed resist film using a developer including an organic solvent to form a pattern [0401-0404] where the resist composition is applied to a substrate (examples: a silicon- or silicon dioxide-coated substrate) as used for the manufacture of an integrated circuit element [0411] and in a case where a pattern formed is in the form of a trench (groove) pattern or a contact hole pattern, an aspect ratio determined by dividing a height of the pattern with the trench width or the hole diameter is preferably 4.0 or less, more preferably 3.5 or less, and still more preferably 3.0 or less. Moreover, an etching treatment of a substrate may be carried out using the formed pattern as a mask. That is, the substrate (or the underlayer film and the substrate) is processed using the pattern formed in the step 3 as a mask, thereby forming a pattern on the substrate. A method for processing the substrate (or the underlayer film and the substrate) is not particularly limited, but a method in which a pattern is formed on a substrate by subjecting the substrate (or the underlayer film and the substrate) to dry etching using the pattern formed in the step 3 as a mask is preferable [0464-0466]. It should be noted that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). See MPEP 2144.07. Nihashi et al. further teaches an object of the present invention is to provide a photosensitive composition for EUV light, capable of forming a pattern, in which occurrence of missing defects is suppressed and pattern collapse is suppressed [0006]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Hashimoto et al. to include other known resist films such as those taught by Nihashi et al. and arrive at the instant claims through routine experimentation of substituting equally suitable components in the resist art in order to suppress defects and pattern collapse. With regard to claim 16, Nihashi et al. teaches the above repeat unit (A1) when a1 is 0. Nihashi et al. does not teach when a1 is 1 and R1 is a C2-C6 saturated hydrocarbylcarbonyloxy, C1-C6 saturated hydrocarbyl group, or C1-C6 saturated hydrocarbyloxy group. However, Nihashi et al. teaches specific examples of the repeating unit represented by General Formula (B) include the following [0187]: PNG media_image4.png 112 267 media_image4.png Greyscale PNG media_image5.png 120 268 media_image5.png Greyscale [0187] wherein a is 1 or 2 [0187] in which (B-1) when a is 2 is equivalent to the repeat unit above in resin p-9 and (B-9) when a is 1 or 2 is equivalent to formula (A1) when RA is hydrogen, X1 is a single bond, A1 is a single bond, a1 is 1 where R1 is a C1 saturated hydrocarbyl, a2 is 1 or 2, and a3 is 0. Nihashi et al. also teaches the present invention will be described in more details with reference to Examples, but the present invention is not limited thereto [0485] and an object of the present invention is to provide a photosensitive composition for EUV light, capable of forming a pattern, in which occurrence of missing defects is suppressed and pattern collapse is suppressed [0006]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Nihashi et al. to include other phenolic hydroxy repeat units such as (B-9) and arrive at the instant claims through routine experimentation of substituting equally suitable components for the sought invention in order to suppress defects and pattern collapse. With regard to claim 18, Nihashi et al. teaches in Example 9, the acid diffusion control agent (quencher) is the following formula D3: PNG media_image6.png 168 266 media_image6.png Greyscale [0505]. Nihashi et al. does not teach the acid diffusion control agent (quencher) is an onium salt of formula (G1), formula (G2), formula (G3), or a weak acid betaine compound. However, Nihashi et al. teaches specific examples of the acid diffusion control agent are shown below, but the present invention is not limited [0363]: PNG media_image7.png 116 165 media_image7.png Greyscale PNG media_image8.png 141 199 media_image8.png Greyscale [0363] in which the right is equivalent to an onium salt of α-non-fluorinated carboxylic acid having the formula (G1) of instant claim 19 when R301 is a C6 hydrocarbyl group and Mq+ is an onium cation. Nihashi et al. also teaches the present invention will be described in more details with reference to Examples, but the present invention is not limited thereto [0485] and an object of the present invention is to provide a photosensitive composition for EUV light, capable of forming a pattern, in which occurrence of missing defects is suppressed and pattern collapse is suppressed [0006]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Nihashi et al. to include other acid diffusion control agents (quenchers) such as the above onium salt and arrive at the instant claims through routine experimentation of substituting equally suitable components for the sought invention in order to suppress defects and pattern collapse. Claims 1-3, 6-14, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto et al. (U.S. 2013/0122407) in view of Yoshimura et al. (WO2022158326). U.S. 2023/0367210 is being used as the English translation. Hashimoto et al. teaches a reflective mask blank for manufacturing a reflective mask, comprising: a substrate; a multilayer reflective film which is formed on the substrate and adapted to reflect exposure light; an absorber film which is formed on the multilayer reflective film and adapted to absorb the exposure light; and a resist film for electron beam writing which is formed on the absorber film [0062-0066] where as a multilayer reflective film for EUV light having a wavelength of 13 to 14 nm, use is preferably made of a Mo/Si cycle laminated film in which Mo films and Si films are alternately laminated by about 40 cycles [0126] and the absorber film is made of the material containing tantalum [0134] (claim 11). Hashimoto et al. also teaches a predetermined transfer pattern is formed in the absorber film of the reflective mask blank. First, the resist film on the absorber film is subjected to predetermined pattern writing by the use of an electron beam writing apparatus and then to development, thereby forming a predetermined resist pattern 51 (see FIG. 8(b)). Using the formed resist pattern as a mask, the uppermost layer and the lower layer of the absorber film are dry-etched to thereby form an absorber film pattern (laminated pattern of an uppermost layer pattern and a lower layer pattern) in the form of the predetermined transfer pattern [0153-0154] (claims 1 and 12-14). Hashimoto et al. does not specify the resist composition. However, Yoshimura et al. teaches an actinic-ray sensitive or radiation-sensitive resin composition contains (A) a resin that has a repeating unit which has an aromatic ring having a halogen atom or an organic group having a halogen atom, and having a halogen atom-free substituent and (Y) an ionic compound having a halogen atom in a cationic moiety, in which a content of the ionic compound (Y) is 5.0% by mass or more with respect to a total solid content of the composition [0064] wherein the resin (A) is typically an acid-decomposable resin that is a resin in which a polarity increases due to an action of acid, so that a solubility in an alkali developer increases and a solubility in an organic solvent decreases. The resin (A) has a group which is decomposed by the action of acid to form a polar group (in other words, structure in which a polar group is protected by a leaving group which is eliminated by the action of acid) [0077-0078] and the resin (A) has a repeating unit which has an aromatic ring having a halogen atom or an organic group having a halogen atom, and having a halogen atom-free substituent (hereinafter, also referred to as “repeating unit (a1)”) [0080] and a specific example includes the following [0155]: PNG media_image11.png 114 79 media_image11.png Greyscale [0155] which is equivalent to a repeat unit represented by formula (A1) of instant claim 1 when RA is hydrogen, X1 is a single bond, A1 is a single bond, a1 is 1 where R1 is halogen, a2 is 1, and a3 is 0. Yoshimura et al. also teaches the resin (A) may further include a repeating unit having an acid-decomposable group (also referred to as a “repeating unit (a2)”) [0159] and a repeating unit represented by General Formula (AI) is also preferable [0200]: PNG media_image12.png 424 410 media_image12.png Greyscale [0200-0204] such as the following monomer M-53 used in the examples: PNG media_image13.png 152 270 media_image13.png Greyscale [page 75] which is equivalent to a repeat unit represented by formula (A2) of instant claims 1 and 3, specifically formula (A2-1) of instant claim 2 when RA is hydrogen, X2 is a single bond, RB and RC are C1 hydrocarbyl groups, b1 is 0, b2 is 1 where R2 is a C1 fluorinated alkyl group, b3 is 0, and b4 is 0. Yoshimura et al. further teaches it is preferable that the resin (A) further has a repeating unit (a3) having an acid group different from that of the above-described repeating unit (a1). As the acid group included in the repeating unit (a3), at least one group selected from the group consisting of a carboxylic acid group, a sulfonic acid group, a phenolic hydroxyl group, and a fluoroalkyl alcohol group is preferable, and a phenolic hydroxyl group or a fluoroalkyl alcohol group is more preferable [0239-0240] and specific examples of the repeating unit having a phenolic hydroxyl group will be shown below, but the present invention is not limited thereto [0251]: PNG media_image14.png 109 92 media_image14.png Greyscale PNG media_image15.png 117 268 media_image15.png Greyscale [0251] where a is 1 or 2 [0251] which are equivalent to a repeat unit represented by formula (A1) of instant claim 1, specifically the left is equivalent to formula (A1-1) of instant claim 2 when RA is hydrogen and a2 is 1; and the right is equivalent to formula (A1) of instant claim 16 when a1 is 1 and R1 is a C1 saturated hydrocarbyl group. Yoshimura et al. also teaches the repeating unit (a3) may be used alone or in combination of two or more kinds thereof [0258]. Yoshimura et al. further teaches the resin (A) may further include a repeating unit having a polar group (also referred to as “repeating unit (a4)”), which is different from the repeating unit (a1) [0260] and the repeating unit (a4) preferably has a lactone structure or a sultone structure, and particularly preferably has a lactone structure [0262] and examples of the monomer corresponding to the repeating unit having at least one selected from the group consisting of a lactone structure and a sultone structure will be shown below [0281]: PNG media_image16.png 112 72 media_image16.png Greyscale [0282] which is equivalent to formula (B6) of instant claim 1 when RA is methyl and g is 0. Yoshimura et al. also teaches in addition, the resin (A) may further include a repeating unit (a5) represented by Formula (D) [0301] and examples of the repeating unit represented by Formula (D) include the following repeating units [0303]: PNG media_image17.png 110 273 media_image17.png Greyscale PNG media_image18.png 107 272 media_image18.png Greyscale [0303] wherein R″ is an alkyl group or fluorinated alkyl group having 1 to 20 carbon atoms), or a carboxylic acid group [0304] and m represents an integer of 0 or more. An upper limit of m is not particularly limited, but is 2 or less in many cases and 1 or less in more cases [0305] which are equivalent to formula (B2) and (B1) respectively of instant claim 1 when c and d are 0 to 2 and R11 and R12 are optionally halogenated C1-C8 saturated hydrocarbyl groups. Yoshimura et al. further teaches the resin (A) may include, as the other repeating units different from the repeating unit (a1), a repeating unit other than the above-described repeating units as long as the effects of the present invention are not impaired, and for example, may have a repeating unit having a photoacid generating group. The repeating unit having a photoacid generating group is not particularly limited, but is preferably a repeating unit (repeating unit (a7)) represented by General Formula (A7) [0316-0317]: PNG media_image19.png 148 375 media_image19.png Greyscale [0317] wherein two Xf's each independently represent a hydrogen atom, a fluorine atom, or an alkyl group substituted with at least one fluorine atom ((preferably CF3). At least one of two Xf's is preferably a non-hydrogen atom [0318], R1 and R2 each independently represent a hydrogen atom, a fluorine atom, or an alkyl group [0320], L represents a divalent linking group, and in a case where a plurality of L's are present, L's may be the same or different from each other. Examples of the divalent linking group of L include —COO—, —CO—, —O—, —S—, —SO—, —SO2—, an alkylene group, a cycloalkylene group, an alkenylene group, a linking group consisting of a plurality of these groups linked to each other, and the like [0322-0323], x represents an integer of 1 to 20, y represents an integer of 0 to 10, and z represents an integer of 0 to 10 [0324], X7 represents a hydrogen atom, an alkyl group, or a halogen atom [0325], M+ represents a cation. As for details of M+, for example, the same cations as M+ in General Formula (PA-1) can be used [0329] e.g. PNG media_image20.png 123 267 media_image20.png Greyscale [0493] such that when X7 is hydrogen, z is 0, y is 1 where R1 and R2 are hydrogens, x is 1 where each Xf are fluorine, and M+ is (z1) it is equivalent to a repeat unit represented by formula (C2) of instant claim 1 when RA is hydrogen, Y2 is a single bond, RHF is hydrogen, and R23-R25 are C6 hydrocarbyl groups. Yoshimura et al. also teaches the present invention will be described in more detail with reference to Examples. The materials, the amounts of materials used, the proportions, the treatment details, the treatment procedure, and the like shown in Examples below may be modified as appropriate as long as the modifications do not depart from the spirit of the present invention. Therefore, the scope of the present invention should not be construed as being limited to Examples shown below [0893]. Yoshimura et al. does not require a repeating unit that does not meet the claimed repeat units. Thus, the resin of Yoshimura et al. meets the “consisting of” language as claimed. Yoshimura et al. further teaches an object of the present invention is to provide an actinic ray-sensitive or radiation-sensitive resin composition in which, in a formation of an extremely fine pattern (for example, line-and-space pattern of 30 nm or less, hole pattern of a pore diameter of 30 nm or less, and the like), a roughness performance is excellent and occurrence of pattern defects is suppressed [0009]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Yoshimura et al. to include all of the above defined repeating units and arrive at the instant claims through routine experimentation of combining equally suitable components for the sought invention in order to achieve an extremely fine pattern. Yoshimura et al. teaches the ionic compound (Y) is a compound having an anionic moiety and a cationic moiety, and is a compound having a halogen atom in the cationic moiety. The ionic compound (Y) is typically an onium salt, and examples thereof include a sulfonium salt and an iodonium salt [0342] such as the following photoacid generator B-23 used in the examples: PNG media_image21.png 223 271 media_image21.png Greyscale [0906] which is equivalent to a photoacid generator of instant claims 7 and 8 wherein the anion has an acid strength (pKa) of -3.165. Yoshimura et al. also teaches the composition according to the embodiment of the present invention may further contain an acid diffusion control agent (also referred to as other acid diffusion control agent (E) or acid diffusion control agent (E)) other than the ionic compound (C) and the ionic compound (D) as long as the effects of the present invention are not impaired. The acid diffusion control agent acts as a quencher which traps an acid generated from the photoacid generator and functions to control the phenomenon of acid diffusion in the resist film [0732] (claim 9) and a specific example of the acid diffusion control agent (E) is shown below [0755]: PNG media_image22.png 141 212 media_image22.png Greyscale [0755] which is equivalent to an onium salt of α-non-fluorinated carboxylic acid having the formula (G1) of instant claim 18 when R301 is a C6 hydrocarbyl group and Mq+ is an onium cation. Yoshimura et al. further teaches the composition according to the embodiment of the present invention may contain a hydrophobic resin different from the resin (A), in addition to the above-described resin (A) [0706] such as the following resin I-4: PNG media_image23.png 153 515 media_image23.png Greyscale [page 90] wherein the right repeating unit is equivalent to formula (D2) of instant claim 6 when RB is methyl, R104 is hydrogen, R105 is a C1 saturated hydrocarbyl group, and R106 is hydrogen. The resist film of Yoshimura et al. is the same as instantly claimed. Therefore, it is expected to have a dissolution rate in overexposed region of at least 100 nm/sec, absent any evidence to the contrary (claim 10). Yoshimura et al. further teaches the present invention will be described in more detail with reference to Examples. The materials, the amounts of materials used, the proportions, the treatment details, the treatment procedure, and the like shown in Examples below may be modified as appropriate as long as the modifications do not depart from the spirit of the present invention. Therefore, the scope of the present invention should not be construed as being limited to Examples shown below [0893]. Yoshimura et al. also teaches the composition according to the embodiment of the present invention relates to an actinic ray-sensitive or radiation-sensitive resin composition having properties which change by undergoing a reaction by irradiation with actinic ray or radiation. More specifically, the composition according to the embodiment of the present invention relates to an actinic ray-sensitive or radiation-sensitive resin composition which is used in a step of manufacturing a semiconductor such as an integrated circuit (IC), for manufacturing of a circuit board for a liquid crystal, a thermal head, or the like, manufacturing of a mold structure for imprinting, other photofabrication steps, or production of a planographic printing plate or an acid-curable composition. A pattern formed in the present invention can be used in an etching step, an ion implanting step, a bump electrode forming step, a rewiring forming step, a microelectromechanical system (MEMS), or the like [0817] and for a material constituting the substrate to be processed and an outermost layer thereof, for example, in a case of a semiconductor wafer, a silicon wafer can be used, and examples of the material forming the outermost layer include Si, SiO2, SiN, SiON, and TiN, WSi, BPSG, SOG, and an organic antireflection film [0821]. It should be noted that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). See MPEP 2144.07. Yoshimura et al. further teaches an object of the present invention is to provide an actinic ray-sensitive or radiation-sensitive resin composition in which, in a formation of an extremely fine pattern (for example, line-and-space pattern of 30 nm or less, hole pattern of a pore diameter of 30 nm or less, and the like), a roughness performance is excellent and occurrence of pattern defects is suppressed [0009]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Hashimoto et al. to include other known resist films such as those taught by Yoshimura et al. and arrive at the instant claims through routine experimentation of substituting equally suitable components in the resist art in order to achieve an extremely fine pattern. Claims 15, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshimura et al. (WO2022158326). U.S. 2023/0367210 is being used as the English translation. Yoshimura et al. teaches an actinic-ray sensitive or radiation-sensitive resin composition contains (A) a resin that has a repeating unit which has an aromatic ring having a halogen atom or an organic group having a halogen atom, and having a halogen atom-free substituent and (Y) an ionic compound having a halogen atom in a cationic moiety, in which a content of the ionic compound (Y) is 5.0% by mass or more with respect to a total solid content of the composition [0064] wherein the resin (A) is typically an acid-decomposable resin that is a resin in which a polarity increases due to an action of acid, so that a solubility in an alkali developer increases and a solubility in an organic solvent decreases. The resin (A) has a group which is decomposed by the action of acid to form a polar group (in other words, structure in which a polar group is protected by a leaving group which is eliminated by the action of acid) [0077-0078] and the resin (A) has a repeating unit which has an aromatic ring having a halogen atom or an organic group having a halogen atom, and having a halogen atom-free substituent (hereinafter, also referred to as “repeating unit (a1)”) [0080] and a specific example includes the following [0155]: PNG media_image11.png 114 79 media_image11.png Greyscale [0155] which is equivalent to a repeat unit represented by formula (A1) of instant claim 15 when RA is hydrogen, X1 is a single bond, A1 is a single bond, a1 is 1 where R1 is halogen, a2 is 1, and a3 is 0. Yoshimura et al. also teaches the resin (A) may further include a repeating unit having an acid-decomposable group (also referred to as a “repeating unit (a2)”) [0159] and a repeating unit represented by General Formula (AI) is also preferable [0200]: PNG media_image12.png 424 410 media_image12.png Greyscale [0200-0204] such as the following monomer M-53 used in the examples: PNG media_image13.png 152 270 media_image13.png Greyscale [page 75] which is equivalent to a repeat unit represented by formula (A2) of instant claim 15 when RA is methyl, X2 is a single bond, RB and RC are C1 hydrocarbyl groups, b1 is 0, b2 is 1 where R2 is a C1 fluorinated alkyl group, b3 is 0, and b4 is 0. Yoshimura et al. further teaches it is preferable that the resin (A) further has a repeating unit (a3) having an acid group different from that of the above-described repeating unit (a1). As the acid group included in the repeating unit (a3), at least one group selected from the group consisting of a carboxylic acid group, a sulfonic acid group, a phenolic hydroxyl group, and a fluoroalkyl alcohol group is preferable, and a phenolic hydroxyl group or a fluoroalkyl alcohol group is more preferable [0239-0240] and specific examples of the repeating unit having a phenolic hydroxyl group will be shown below, but the present invention is not limited thereto [0251]: PNG media_image15.png 117 268 media_image15.png Greyscale [0251] where a is 1 or 2 [0251] which is equivalent to formula (A1) of instant claims 15 and 17 when RA is hydrogen, X1 is a single bond, A1 is a single bond, a1 is 1 where R1 is a C1 saturated hydrocarbyl group, a2 is 1, and a3 is 0. Yoshimura et al. also teaches the repeating unit (a3) may be used alone or in combination of two or more kinds thereof [0258]. Yoshimura et al. further teaches the resin (A) may further include a repeating unit having a polar group (also referred to as “repeating unit (a4)”), which is different from the repeating unit (a1) [0260] and the repeating unit (a4) preferably has a lactone structure or a sultone structure, and particularly preferably has a lactone structure [0262] and examples of the monomer corresponding to the repeating unit having at least one selected from the group consisting of a lactone structure and a sultone structure will be shown below [0281]: PNG media_image16.png 112 72 media_image16.png Greyscale [0282] which is equivalent to formula (B6) of instant claim 15 when RA is methyl and g is 0. Yoshimura et al. also teaches in addition, the resin (A) may further include a repeating unit (a5) represented by Formula (D) [0301] and examples of the repeating unit represented by Formula (D) include the following repeating units [0303]: PNG media_image17.png 110 273 media_image17.png Greyscale PNG media_image18.png 107 272 media_image18.png Greyscale [0303] wherein R″ is an alkyl group or fluorinated alkyl group having 1 to 20 carbon atoms), or a carboxylic acid group [0304] and m represents an integer of 0 or more. An upper limit of m is not particularly limited, but is 2 or less in many cases and 1 or less in more cases [0305] which are equivalent to formula (B2) and (B1) respectively of instant claim 15 when c and d are 0 to 2 and R11 and R12 are optionally halogenated C1-C8 saturated hydrocarbyl groups. Yoshimura et al. further teaches the resin (A) may include, as the other repeating units different from the repeating unit (a1), a repeating unit other than the above-described repeating units as long as the effects of the present invention are not impaired, and for example, may have a repeating unit having a photoacid generating group. The repeating unit having a photoacid generating group is not particularly limited, but is preferably a repeating unit (repeating unit (a7)) represented by General Formula (A7) [0316-0317]: PNG media_image19.png 148 375 media_image19.png Greyscale [0317] wherein two Xf's each independently represent a hydrogen atom, a fluorine atom, or an alkyl group substituted with at least one fluorine atom ((preferably CF3). At least one of two Xf's is preferably a non-hydrogen atom [0318], R1 and R2 each independently represent a hydrogen atom, a fluorine atom, or an alkyl group [0320], L represents a divalent linking group, and in a case where a plurality of L's are present, L's may be the same or different from each other. Examples of the divalent linking group of L include —COO—, —CO—, —O—, —S—, —SO—, —SO2—, an alkylene group, a cycloalkylene group, an alkenylene group, a linking group consisting of a plurality of these groups linked to each other, and the like [0322-0323], x represents an integer of 1 to 20, y represents an integer of 0 to 10, and z represents an integer of 0 to 10 [0324], X7 represents a hydrogen atom, an alkyl group, or a halogen atom [0325], M+ represents a cation. As for details of M+, for example, the same cations as M+ in General Formula (PA-1) can be used [0329] e.g. PNG media_image20.png 123 267 media_image20.png Greyscale [0493] such that when X7 is hydrogen, z is 0, y is 1 where R1 and R2 are hydrogens, x is 1 where each Xf are fluorine, and M+ is (z1) it is equivalent to a repeat unit represented by formula (C2) of instant claim 15 when RA is hydrogen, Y2 is a single bond, RHF is hydrogen, and R23-R25 are C6 hydrocarbyl groups. Yoshimura et al. also teaches the present invention will be described in more detail with reference to Examples. The materials, the amounts of materials used, the proportions, the treatment details, the treatment procedure, and the like shown in Examples below may be modified as appropriate as long as the modifications do not depart from the spirit of the present invention. Therefore, the scope of the present invention should not be construed as being limited to Examples shown below [0893]. Yoshimura et al. does not require a repeating unit that does not meet the claimed repeat units. Thus, the resin of Yoshimura et al. meets the “consisting of” language as claimed. Yoshimura et al. further teaches an object of the present invention is to provide an actinic ray-sensitive or radiation-sensitive resin composition in which, in a formation of an extremely fine pattern (for example, line-and-space pattern of 30 nm or less, hole pattern of a pore diameter of 30 nm or less, and the like), a roughness performance is excellent and occurrence of pattern defects is suppressed [0009]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Yoshimura et al. to include all of the above defined repeating units and arrive at the instant claims through routine experimentation of combining equally suitable components for the sought invention in order to achieve an extremely fine pattern. Yoshimura et al. teaches the ionic compound (Y) is a compound having an anionic moiety and a cationic moiety, and is a compound having a halogen atom in the cationic moiety. The ionic compound (Y) is typically an onium salt, and examples thereof include a sulfonium salt and an iodonium salt [0342] such as the following photoacid generator B-23 used in the examples: PNG media_image21.png 223 271 media_image21.png Greyscale [0906] which is equivalent to a photoacid generator of instant claim 15. Yoshimura et al. also teaches the composition according to the embodiment of the present invention may further contain an acid diffusion control agent (also referred to as other acid diffusion control agent (E) or acid diffusion control agent (E)) other than the ionic compound (C) and the ionic compound (D) as long as the effects of the present invention are not impaired. The acid diffusion control agent acts as a quencher which traps an acid generated from the photoacid generator and functions to control the phenomenon of acid diffusion in the resist film [0732] (claim 15) and a specific example of the acid diffusion control agent (E) is shown below [0755]: PNG media_image22.png 141 212 media_image22.png Greyscale [0755] which is equivalent to an onium salt of α-non-fluorinated carboxylic acid having the formula (G1) of instant claim 19 when R301 is a C6 hydrocarbyl group and Mq+ is an onium cation. Yoshimura et al. further teaches a content of the photoacid generator in the composition according to the embodiment of the present invention is not particularly limited, but from the viewpoint that the effects of the present invention are more excellent, the content is preferably 5.0% by mass or more, more preferably 9.0% by mass or more, and still more preferably 15.0% by mass or more with respect to the total solid content of the composition. In addition, the above-described content is preferably 70% by mass or less, more preferably 60% by mass or less, and still more preferably 50% by mass or less [0494] and in a case where the composition according to the embodiment of the present invention contains the acid diffusion control agent (E), a content of the acid diffusion control agent (E) is preferably 0.001% to 20.0% by mass, more preferably 0.01% to 5.0% by mass, and still more preferably 0% by mass with respect to the total solid content of the composition [0756] which overlaps the weight ratio of the photoacid generator to the quencher is less than 6/1 claim 15. Yoshimura et al. also teaches the present invention will be described in more detail with reference to Examples. The materials, the amounts of materials used, the proportions, the treatment details, the treatment procedure, and the like shown in Examples below may be modified as appropriate as long as the modifications do not depart from the spirit of the present invention. Therefore, the scope of the present invention should not be construed as being limited to Examples shown below [0893] and an object of the present invention is to provide an actinic ray-sensitive or radiation-sensitive resin composition in which, in a formation of an extremely fine pattern (for example, line-and-space pattern of 30 nm or less, hole pattern of a pore diameter of 30 nm or less, and the like), a roughness performance is excellent and occurrence of pattern defects is suppressed [0009]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Yoshimura et al. and arrive at the instant claims through routine experimentation of substituting equally suitable components for the sought invention in order to achieve an extremely fine pattern. Response to Arguments Due to the amendment filed March 6, 2026 of instant claim 15, the 102(a)(1) rejection over Yoshimura et al. has been withdrawn. Applicant’s arguments with regard to this rejection have been considered but are moot due to the amendment of instant claim 15. Applicant's arguments regarding the 103 rejection of claims 1-14 over Hashimoto in view of Yoshimura have been fully considered but they are not persuasive. Applicant argues the polymer as recited in amended claims 1 and 15 contains repeat units (A1) and (A2) as essential units and may contain repeat units (B1) to (B3), (C1) to (C8), and (B4) to (B6) as optional units, but does not essentially contain any other repeat units. The Examiner cites resin A-23 of Yoshimura, however, resin A-23 requires M-12 which does not fall within the scope of the polymer defined in claim 1, i.e. if the polymer does not contain any repeat units of the formula (C1) to (C8), all of its repeat units are limited to those having an aromatic ring structure. Yoshimura fails to teach or suggest the polymer as recited in claims 1 and 15. The Examiner respectfully disagrees. While resin A-23 of Yoshimura no longer meets the claimed limitations, Yoshimura is to be considered for all that it contains, not just the examples. Specifically, Yoshimura teaches “the present invention will be described in more detail with reference to Examples. The materials, the amounts of materials used, the proportions, the treatment details, the treatment procedure, and the like shown in Examples below may be modified as appropriate as long as the modifications do not depart from the spirit of the present invention. Therefore, the scope of the present invention should not be construed as being limited to Examples shown below” in paragraph [0893]. Thus, additional polymers comprising the repeating units detailed in the above rejection, specifically repeat units (a1), (a2), (a3), (a4), (a5), and (a7), are inclusive of Yoshimura’s invention. Further, only repeating units (a1) and (a2) are essential to Yoshimura’s invention and examples of such repeating units are equivalent to Applicant’s formula (A1) and (A2) respectively. Thus, repeat units (a3), (a4), (a5), and (a7) can be omitted and therefore meet the claimed “consisting of” language as well as the proviso “in the case of a polymer not containing repeat units having any one of formula (C1) to (C8), all the repeat units have an aromatic ring structure”. Therefore, the instant claims are still obvious over the combined teachings of Hashimoto and Yoshimura. The double patenting rejection over copending application 18/142,910 is maintained for reasons of record. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP2002156761, JP2002156762, JP2006030232, JP2018193539, JP2019214554, WO2022158326 (U.S. 2023/0367210), WO2022065025 (U.S. 2023/0236502), WO2022158323 (U.S. 2023/0367212), WO2022024929 (U.S. 2023/0185192), WO2021241086 (U.S. 2023/0148344), WO2021251055 (U.S. 2023/0139009), WO2021251086 (U.S. 20230139891), WO2021251083 (U.S. 2023/0133710), U.S. 2023/0104260, U.S. 2022/0334476, U.S. 2022/0119336, U.S. 2022/0043347, U.S. 2021/0096465, U.S. 2019/0384175, U.S. 2021/0389669, U.S. 2018/0284605, U.S. 2013/0084527, and U.S. 2003/0003392. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANNA E MALLOY whose telephone number is (571)270-5849. The examiner can normally be reached 8:00-4:30 EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Huff can be reached at 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Anna Malloy/Examiner, Art Unit 1737 /MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737
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Prosecution Timeline

May 09, 2023
Application Filed
Dec 09, 2025
Non-Final Rejection mailed — §102, §103
Mar 06, 2026
Response Filed
May 28, 2026
Final Rejection mailed — §102, §103 (current)

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