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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yoshioka (WO 2023032797).
Yoshioka discloses an actinic-ray or radiation sensitive composition. Yoshioka discloses the composition contains a resin that is decomposed by action of an acid and has an increased polarity and a compound represented by general formula Q. (Para, 0009).
PNG
media_image1.png
100
342
media_image1.png
Greyscale
Yoshioka discloses that in general formula (Q), A represents a ring structure, which has at least one selected from a carbonyl group and a thiocarbonyl group as a ring member and the ring structure may have an oxygen atom or a sulfur atom as a ring member. (Para, 0011). Yoshioka discloses R represents a substituent, b represents an integer of 0 to 10 and when B is 2 or more, the plurality of Rs may be the same as or different from each other. (Para, 0011). Yoshioka discloses X-represents—COO—or—O— and M + represents a cation. (Para, 0011). Yoshioka further discloses M+ is a sulfonium or iodonium cation in the general formula (Q). (Para, 0015). Yoshioka discloses (Q) can be represented by Q1-Q4. (Para, 0012-0022).
PNG
media_image2.png
124
488
media_image2.png
Greyscale
PNG
media_image3.png
119
467
media_image3.png
Greyscale
PNG
media_image4.png
143
507
media_image4.png
Greyscale
PNG
media_image5.png
136
452
media_image5.png
Greyscale
Yoshioka discloses that in general formula Q-2, X1 and X2 each independently represent an oxygen atom or a sulfur atom, Ra1 represents a substituent, n represents an integer of 0 to 3. (Para, 0030). Yoshioka discloses when N is 2 or more, the plurality of Ra1 may be the same as or different from each other and when N is 2 or more, the plurality of Ra1 may be connected to each other to form a ring. (Para, 0030). Yoshioka discloses M1+ is a sulfonium cation or an iodonium cation. (Para, 0030). Yoshioka discloses the cation represented by M+ is not particularly limited, but is preferably an organic cation, and a sulfonium cation or an iodonium cation is preferable. (Para, 0063). Yoshioka discloses the sulfonium cation or iodonium cation is also referred to as a cation represented by the formula (ZaI) and/or a cation represented by the formula (ZaII).
PNG
media_image6.png
222
352
media_image6.png
Greyscale
Yoshioka discloses in the formula (ZaI), R201, R202, and R203 each independently represent an organic group. (Para, 0065). Yoshioka discloses the number of carbon atoms of the organic group as R201, R202, and R203 is preferably 1 to 30, and more preferably 1 to 20. (Para, 0065). Yoshioka discloses two of R201 to R203 may be bonded to form a ring structure, and may include an oxygen atom, a sulfur atom, an ester group, an amide group, or a carbonyl group in the ring. (Para, 0065). Yoshioka illustrates preferred examples of the compound (Q) are shown below, but the present invention is not limited thereto. Me represents a methyl group. In addition, in the following compound, a combination of a cation and an anion can be changed. (Para, 0108-0112). These examples of compound Q teach the limitation of claim 2.
PNG
media_image7.png
433
580
media_image7.png
Greyscale
PNG
media_image8.png
419
644
media_image8.png
Greyscale
PNG
media_image9.png
374
647
media_image9.png
Greyscale
PNG
media_image10.png
290
685
media_image10.png
Greyscale
Yoshioka explains the compound (Q) is preferably a compound (photoacid generator) that generates an acid upon irradiation with actinic rays or radiation. (Para, 0113). Yoshioka discloses when the compound (Q) is used as an acid diffusion control agent, the compound (Q) is preferably used in combination with a photoacid generator in which an acid generated from a photoacid generator that generates an acid necessary for the reaction of the resin in the exposure unit becomes a relatively strong acid with respect to the acid generated from the compound (Q). (Para, 0113). Yoshioka further discloses when the compound (Q) is used as an acid diffusion control agent, the compound (Q) is preferably used in combination with a resin (A) having a repeating unit in which an acid generated from a photoacid generator that generates an acid necessary for the reaction of the resin in the exposure unit becomes a relatively strong acid with respect to the acid generated from the compound (Q). (Para, 0113). These disclosures and the illustrations of Q-1 to Q-4 above teach the limitation of claim 1, ‘A resist composition comprising a quencher containing a sulfonium salt of carboxylic acid having a coumarin or thiocoumarin structure.’ Moreover, these disclosures and the and illustrations teach the limitation of claim 9.
Yoshioka discloses the resin decomposed by the action of acid to increase the polarity is also referred to as a "resin (A)" or an "acid decomposable resin" in which (A) the resin is decomposed by the action of an acid to increase the polarity. (Para, 0118). Yoshioka discloses it is preferable to include a repeating unit having an acid-decomposable group so that in the pattern forming method, when an alkali developing solution is adopted as the developing solution, a positive pattern is suitably formed, and when an organic developing solution is adopted as the developing solution, a negative pattern is suitably formed. (Para, 0118). These disclosures teach the limitation of claims 5 and 7.
Yoshioka discloses the repeating unit having an acid-decomposable group is preferably a repeating unit having an acid-decomposable group containing an unsaturated bond in addition to a repeating unit having an acid-decomposable group described later. (Para, 0118). Yoshioka illustrates a repeating unit having an acid-decomposable group that is preferably included in the resin is a repeating unit represented by the formula (AI).
PNG
media_image11.png
176
280
media_image11.png
Greyscale
Yoshioka discloses In formula (AI), Xa1 represents a hydrogen atom or an alkyl group which may have a substituent, T represents a single bond or a divalent linking group and Rx1 to Rx3 each independently represent an alkyl group (linear or branched), a cycloalkyl group (monocyclic or polycyclic), an alkenyl group (linear or branched chain), or an aryl (monocyclic or polycyclic) group. (Para, 0137). Yoshioka discloses when all of Rx1 to Rx3 are alkyl groups (linear or branched), at least two of Rx1 to Rx3 are preferably methyl groups and two of Rx1 to Rx3 may be bonded to form a monocyclic or polycyclic (monocyclic or polycyclic cycloalkyl group or the like). (Para, 0137). Yoshioka explains the repeating unit represented by formula (AI) is preferably an acid-decomposable (meth) acrylic acid tertiary alkyl ester-based repeating unit (a repeating unit in which Xa1 represents a hydrogen atom or a methyl group, and T represents a single bond). (Para, 0142). Yoshioka also illustrates specific examples of the repeating units (Para, 0144-0148) having an acid-decomposable group. (Para, 0143). Yoshioka discloses that in the formula, Xa1 represents H, CH3, CF3, or CH2 OH, and Rxa and Rxb each independently represent a linear or branched alkyl group having 1 to 5 carbon atoms. (Para, 0143). These disclosures and illustrations teach the limitation of claims 3-4.
Yoshioka also discloses the resin includes a repeating unit having neither an acid decomposable group nor an acid group and having a fluorine atom, a bromine atom or an iodine atom. (Para, 0182). Yoshioka discloses the resin (A) does not have any of an acid-decomposable group and an acid group, and is also a repeating unit having a fluorine atom, a bromine atom, or an iodine atom (hereinafter, also referred to as a unit X) separately from the above-described repeating unit having an acid-decomposable group and the repeating unit having an acid group. (Para, 0182). Yoshioka discloses this repeating unit is represented by Formula C.
PNG
media_image12.png
150
250
media_image12.png
Greyscale
These disclosures and illustrations teach the limitation of claim 6.
Yoshioka discloses the resin also includes a repeating unit having a photo-acid-generating group. (Para, 0206). Yoshioka discloses the resin (A) may have a repeating unit having a group that is decomposed by irradiation with actinic rays or radiation to generate an acid (hereinafter, also referred to as a "photoacid generating group"). (Para, 0206). Yoshioka discloses the repeating unit having a photoacid generating group is preferably a repeating unit represented by the following general formula (S-1). (Para, 0209-0210).
PNG
media_image13.png
183
438
media_image13.png
Greyscale
Yoshioka discloses In the general formula (S-1), R21 represents a hydrogen atom, an alkyl group, an aryl group, or a halogen atom; X1 represents a single bond or a divalent linking group. Rc1 Rc3 each independently represent an alkyl group, an aryl group, or a heteroaryl group and two of Rc1 Rc3 may be bonded to form a ring structure. (Para, 0211). Yoshioka discloses examples of the alkyl group of R2 1 include an alkyl group having 20 or less carbon atoms such as a methyl group, an ethyl group, a propyl group, an isopropyl group, a n-butyl group, a sec-butyl group, a hexyl group, a 2-ethylhexyl group, an octyl group, and a dodecyl group which may have a substituent, and more preferably an alkyl group having 8 or less carbon atoms. (Para, 0212). Yoshioka further discloses the divalent linking group when X1 represents a divalent linking group is preferably an arylene group, a heteroarylene group, an alkylene group, a cycloalkylene group,-O -,-SO2 -,-CO -,-N (R3 3) -, or a divalent linking group obtained by combining a plurality of these groups. (Para, 0215). Yoshioka further discloses R3 3 represents a hydrogen atom, an alkyl group, a cycloalkyl group, an alkenyl group, an aryl group, or an aralkyl group. (Para, 0215). These disclosures and illustrations teach the limitation of claim 8.
Yoshioka describes the photoacid generator that comprises the composition in greater detail. The composition of the present invention may contain a compound (B) (hereinafter, also referred to as a photoacid generator (B) or a compound (B)) that generates an acid upon irradiation with actinic rays or radiation. (Para, 0267). Yoshioka discloses compound (B) is a compound that does not correspond to the compound (Q), and it is preferable to generate an acid stronger than the acid generated by the compound (Q) by irradiation with actinic rays or radiation. (Para, 0267). Yoshioka explains the term "generating an acid stronger than the acid generated by the compound (Q)" indicates that the acid strength of the acid generated by the compound (B) is higher than the acid strength of the acid generated by the compound (Q), and typically indicates that the acid dissociation constant (pKa) of the acid generated by the compound (B) is lower than the pKa of the acid generated by the compound (Q). (Para, 0267). Yoshioka discloses the acid generated from the compound (B) usually reacts with the acid-decomposable group in the resin (A). (Para, 0267). Yoshioka discloses that examples of the organic acid include sulfonic acid (aliphatic sulfonic acid, aromatic sulfonic acid, camphorsulfonic acid, and the like), carboxylic acid (aliphatic carboxylic acid, aromatic carboxylic acid, and aralkyl carboxylic acid), carbonyl sulfonyl imide acid, bis (alkylsulfonyl) imide acid, and tris (alkylsulfonyl) methide acid. (Para, 0269). These disclosures and the disclosures of Yoshioka discussed above teach the limitation of claim 10.
Yoshioka also discloses the composition may contain a surfactant. (Para, 0396). This teaches the limitation of claim 12. Yoshioka also discloses the composition of the present invention preferably contains a solvent that preferably includes at least one selected from the group consisting of (M1) propylene glycol monoalkyl ether carboxylate and (M2) at least one selected from the group consisting of propylene glycol monoalkyl ethers, lactic acid esters, acetic acid esters, alkoxypropionic acid esters, chain ketones, cyclic ketones, lactones, and alkylene carbonates. (Para, 0399). This disclosure teaches the limitation of claim 11.
Yoshioka also discloses using the resist composition in a pattern forming process. Yoshioka discloses the pattern formation method preferably includes the following steps. (Para, 0417). Yoshioka discloses it includes a step of forming an actinic ray-sensitive or radiation-sensitive film on a substrate with an actinic ray-sensitive or radiation-sensitive resin composition; a step of exposing the actinic ray-sensitive or radiation-sensitive film and a step of developing the exposed actinic ray-sensitive or radiation-sensitive film using a developer. (Para, 0417). These disclosures teach the limitations of claim 13. Yoshioka discloses the exposure method may include a method of irradiating an actinic ray or radiation through a predetermined mask on the formed actinic ray-sensitive or radiation-sensitive film. (Para, 0424). Yoshioka discloses the actinic rays or radiation include infrared light, visible light, ultraviolet light, far ultraviolet light, extreme ultraviolet light, X-rays, and electron beams, and is preferably 250 nm or less, more preferably 220 nm or less, far ultraviolet light having a wavelength of 1 to 200 nm, specifically, KrF excimer laser (248 nm), ArF excimer laser (193 nm), F2 excimer laser (157 nm), EUV (13.5 nm), X-rays, and electron beams. (Para, 0424). This disclosure teaches the limitation of claim 14.
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 1-14 of the present application are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of co-pending US Application No. 18/205127 (PGPUB 2023/0393463). Although the claims at issue are not identical, they are not patentably distinct from each other because both claims 1-14 of the present application and claims 1-14 of co-pending US Application 18/205127 are both directed to analogous resist compositions which both comprise a quencher containing a sulfonium salt of a carboxylic acid having a coumarin/thiocoumarin or chromone (isomer of coumarin) structure and patterning method following similar processing steps and conditions using said resist compositions. Moreover, the recitations of claims 1-14 of the present application fully encompass the recitations of claims 1-14 of US Patent Application 18/205,127.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALEEN O SULLIVAN whose telephone number is (571)272-6569. The examiner can normally be reached Mon-Fri: 7:30 am-4:00 pm.
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, Dale Page can be reached at 571-270-7877. 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.
/CALEEN O SULLIVAN/Primary Examiner, Art Unit 2899
Prosecution Insights