Prosecution Insights
Last updated: April 19, 2026
Application No. 18/180,946

RESIST MATERIAL AND PATTERNING PROCESS

Final Rejection §103
Filed
Mar 09, 2023
Examiner
MALLOY, ANNA E
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shin-Etsu Chemical Co. Ltd.
OA Round
2 (Final)
45%
Grant Probability
Moderate
3-4
OA Rounds
3y 7m
To Grant
41%
With Interview

Examiner Intelligence

Grants 45% of resolved cases
45%
Career Allow Rate
218 granted / 481 resolved
-19.7% vs TC avg
Minimal -4% lift
Without
With
+-4.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
52 currently pending
Career history
533
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
47.5%
+7.5% vs TC avg
§102
17.2%
-22.8% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 481 resolved cases

Office Action

§103
DETAILED ACTION Claims 1-20 are pending. Claims 1-3 have been amended. 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 . 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 § 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 1-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (U.S. 2021/0033970). Hatakeyama et al. teaches the resist composition of the invention is defined as comprising a base polymer and a quencher in the form of an iodized aromatic ring-containing ammonium salt [0041], preferably the ammonium salt has the formula (A) [0042], and examples of the cation include the following: PNG media_image1.png 115 176 media_image1.png Greyscale [0057] which is equivalent to the cation of the thermal acid generator represented by formula (2) of instant claims 1 and 2 when R32 and R33 are monovalent organic groups having 2 carbon atoms and R34 is a monovalent organic group having 9 carbon atoms and having heteroatoms; while examples of the anion include the following: PNG media_image2.png 102 127 media_image2.png Greyscale [page 26] which is equivalent to the anion of the thermal acid generator represented by formula (2) of instant claims 1, 2, and 11-15 when R31 is a monovalent organic group having hetero atoms and an iodine atom. Hatakeyama et al also teaches a specific example of the base polymer includes the following Polymer 2: PNG media_image3.png 430 261 media_image3.png Greyscale [0168] which is equivalent to (Ia) and (Ib) a polymer of instant claims 1 and 2 in which the middle repeating unit is equivalent to a repeating unit (A) having a hydroxy group represented by formula (a2) of instant claims 6-10 when RA is a hydrogen atom, Ya2 is a single bond, l and m are 0, and k is 1, and the right repeating unit is equivalent to a repeating unit (C) having a structural moiety to be decomposed by irradiation of active ray or radiation to generate an acid of instant claim 2 represented by formula (c) of instant claim 3 when Rc1 is a methyl group, Z1 is an ester bond, Z2 is a divalent organic group having 10 carbon atoms and an ester bond, Rfc1 is a trifluoromethyl group, Rfc2 is a hydrogen atom, Rfc3 and Rfc4 are fluorine atoms, and Rc2 to Rc4 are monovalent hydrocarbon groups having 6 carbon atoms and two of Rc2 to Rc4 are bonded to each other to form a ring together with the sulfur atom to which they are bonded. Hatakeyama et al. further teaches the resist composition may comprise an acid generator capable of generating a strong acid [0098] (claims 1, 4, and 5). Hatakeyama et al. also teaches other components such as a surfactant, dissolution inhibitor, and crosslinker may be blended in any desired combination to formulate a chemically amplified positive or negative resist composition [0141] and suitable crosslinkers include epoxy compounds, melamine compounds, guanamine compounds, glycoluril compounds and urea compounds having substituted thereon at least one group selected from among methylol, alkoxymethyl and acyloxymethyl groups, isocyanate compounds, azide compounds, and compounds having a double bond such as an alkenyl ether group [0145] and a specific example of the alkenyl ether group-containing compound include triethylene glycol divinyl ether [0153] which is equivalent to (II) a crosslinker represented by formula (1) of instant claims 1 and 2 when R is an 2-valent organic group, n is 2, L1 is an ether bond, and R1 is a divalent organic group. Hatakeyama et al. further teaches an organic solvent may be added to the resist composition [0138] (claims 1 and 2). Hatakeyama et al. also teaches in the resist composition of the invention, a quencher other than the inventive cyclic ammonium salt may be blended [0149] (claim 18). Hatakeyama et al. also teaches the resist composition is first applied onto a substrate. The coating is prebaked on a hot plate at a temperature of 60 to 150°C for 10 seconds to 30 minutes. The resist film is then exposed to a desired pattern of high-energy radiation such as UV, deep-UV, EB, EUV, x-ray, soft x-ray, excimer laser light, γ-ray or synchrotron radiation. After the exposure, the resist film may be baked (PEB) on a hot plate or in an oven at 30 to 150°C for 10 seconds to 30 minutes, preferably at 50 to 120°C for 30 seconds to 20 minutes. After the exposure or PEB, in the case of positive resist, the resist film is developed in a developer [0157-0160] (claims 19 and 20). Hatakeyama et al. further teaches Examples of the invention are given below by way of illustration and not by way of limitation [0165] and although some preferred embodiments have been described, many modifications and variations may be made thereto in light of the above teachings. It is therefore to be understood that the invention may be practiced otherwise than as specifically described without departing from the scope of the appended claims [0182]. Hatakeyama et al. also teaches an object of the invention is to provide a resist composition which exhibits a high sensitivity and a reduced LWR or improved CDU, independent of whether it is of positive tone or negative tone; and a pattern forming process using the same [0016]. Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to modify the specific teachings of Hatakeyama et al. to include the above components and arrive at the instant claims through routine experimentation of combining equally suitable components for the sought invention in order to achieve a resist with optimum sensitivity, LWR, and CDU. Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (U.S. 2021/0033970) as applied to claims 1 and 2 above, and further in view of Kondo et al. (JP06148889). Translation attached. With regard to claims 16 and 17, Hatakeyama et al. teaches examples of the alkenyl ether group-containing compound include ethylene glycol divinyl ether, triethylene glycol divinyl ether, 1,2-propanediol divinyl ether, 1,4-butanediol divinyl ether, tetramethylene glycol divinyl ether, neopentyl glycol divinyl ether, trimethylol propane trivinyl ether, hexanediol divinyl ether, 1,4-cyclohexanediol divinyl ether, pentaerythritol trivinyl ether, pentaerythritol tetravinyl ether, sorbitol tetravinyl ether, sorbitol pentavinyl ether, and trimethylol propane trivinyl ether [0153]. Hatakeyama et al. does not teach (II) a crosslinker represented by formula (1) when R has an aromatic hydrocarbon group. However, Kondo et al. teaches a positive photosensitive composition comprising (a) a compound having at least two enol ether groups represented by general formula (I), (b) a linear polymer having an acid component and a hydroxyl group, and (c) a compound capable of decomposing upon irradiation with actinic rays or radiation to generate an acid [0006], specifically vinyl ether compounds represented by general formula (II) or (III) [0009], more specifically triethylene glycol divinyl ether [0011] and the following formula (II-1): PNG media_image4.png 136 481 media_image4.png Greyscale [0012] which is equivalent to (II) a crosslinker represented by formula (1) of instant claims 1, 2, 16, and 17 when R is a 2-valent organic group having an aromatic hydrocarbon group, n is 2, L1 is an ether bond, and R1 is a divalent organic group. Kondo et al. also teaches the photosensitive composition exhibiting high photosensitivity to ultraviolet rays, visible rays, electron beams or X-rays and being capable of forming a clear positive image under a wide range of development conditions [0006]. Further, 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. 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 Hatakeyama et al. to include other known alkenyl ether crosslinkers such as those taught by Kondo et al. and arrive at the instant claims through routine experimentation of substituting and/or combining equally suitable components for the sought invention in order to achieve high photosensitivity. Response to Arguments Due to the amendment filed December 19, 2025 of instant claims 1 and 2, the 103 rejections over Hatakeyama ‘048 and further in view of Kondo have been withdrawn. Applicant’s arguments with regard to these rejections have been considered but are moot due to the amendment of instant claims 1 and 2. Due to the amendment of instant claims 1-3, the objections have been withdrawn. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. 2021/0033969, U.S. 2020/0073237, U.S. 2020/0004142, and U.S. 2018/0335696. 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
Read full office action

Prosecution Timeline

Mar 09, 2023
Application Filed
Sep 25, 2025
Non-Final Rejection — §103
Dec 19, 2025
Response Filed
Mar 16, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
45%
Grant Probability
41%
With Interview (-4.1%)
3y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 481 resolved cases by this examiner. Grant probability derived from career allow rate.

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