Prosecution Insights
Last updated: April 19, 2026
Application No. 18/212,771

CHEMICALLY AMPLIFIED RESIST COMPOSITION AND PATTERNING PROCESS

Non-Final OA §102§103§112§DP
Filed
Jun 22, 2023
Examiner
MALLOY, ANNA E
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shin-Etsu Chemical Co. Ltd.
OA Round
1 (Non-Final)
45%
Grant Probability
Moderate
1-2
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

§102 §103 §112 §DP
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 recites “The resist composition of claim 2 wherein R is a group having any one of the formulae (2)-1 to (2)-8: PNG media_image1.png 475 583 media_image1.png Greyscale ”. However, claim 2 recites “R is a group containing a structure having the formula (2): PNG media_image2.png 105 267 media_image2.png Greyscale ”. There is no indication in claim 2 that formula (2) can be substituted. Thus, claim 3 fails to include all the limitations of claim 2. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. The Examiner suggests omitting formula (2) and replacing it with formulae (2)-1 to (2)-8. 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 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,435,665. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (A) of ‘665 when defined as: m is 2, n is 0, X1 is a single bond, and R2 is a C1-C10 alkyl, and M+ is an ammonium cation having formula (Ac) where Ra6 is hydrogen, Ra7 and Ra8 are hydrogen or a C1-C24 monovalent hydrocarbon group, and Ra9 is a C19-C24 monovalent hydrocarbon group having an ester bond and which may have carboxyl, see e.g. ammonium salt 5 and 6 [col 243], encompasses the instantly claimed nitrogen-containing cation having an androstane structure, specifically formula (2), more specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are hydrogen or oxo groups, and R7 is methyl and the weak acid anion is a sulfonamide of formula (X)-2 when R12 is a C1-10 hydrocarbyl group and R13 is a C6 hydrocarbyl group containing heteroatoms (C=O and two iodines). Claims 2-13 of ‘665 encompass instant claims 5-15. Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,774,853. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (A)-2 of ‘853 when defined as: m is 1, n is 0, R2 is a single bond, and R3 is a C1-C10 alkyl, and X+ is an ammonium cation having formula (Ab) where Ra6 is hydrogen, Ra7 and Ra8 are hydrogen or a C1-C24 monovalent hydrocarbon group, and Ra9 is a C19-C24 monovalent hydrocarbon group having an ester bond and which may have carboxyl, see e.g. ammonium salt 5 and 6 [col 243], encompasses the instantly claimed nitrogen-containing cation having an androstane structure, specifically formula (2), more specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are hydrogen or oxo groups, and R7 is methyl and the weak acid anion is a sulfonamide of formula (X)-2 when R12 is a C1-10 hydrocarbyl group and R13 is a C6 hydrocarbyl group containing heteroatoms (C=O and iodine). The instant claims recite open language “comprising”, therefore it can contain additional components such as recurring unit (a1) of ‘853. Claims 2-16 encompass instant claims 5-15. Claims 1 and 5-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,415,887. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (A)-1 or (A)-2 of ‘887 when defined as: m is 1, R1 is a C18 1-valent hydrocarbon group containing a carbonate, R2 and R3 are C1-C6 alkyl, R4 and R6 are hydrogen or C1-C4 straight alkyl, R5 is a C1-C6 alkyl group, R is a C2-C10 alicyclic group with a carboxylate, sulfonamide, or halogenated phenoxide of formulae (B-1), (B-3), or (B-4), see e.g. quencher 23 [col 300], encompasses the instantly claimed nitrogen-containing cation having a carboxy group whose hydrogen is substituted by a tertiary hydrocarbyl group having an androstane structure and the weak acid anion is a carboxylate, sulfonamide, or phenoxide of formula (X)-1, (X)-2, or (X)-4 when k is 1-5 and R17 is halogen. The instant claims recite open language “comprising”, therefore it can contain additional components such as recurring unit (a1) of ‘887. Claims 1-13 encompass instant claims 5-15. Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,720,018. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (1) of ‘018 when defined as: m is 1, XB1 is iodine or bromine, n is 0, R2 is hydrogen, R3 and R4 are hydrogen or a C1-C24 hydrocarbyl group, and Ra9 is a C19-C24 hydrocarbyl group having an ester bond and which may have carboxyl, see e.g. quencher 21 [col 208], encompasses the instantly claimed nitrogen-containing cation having an androstane structure, specifically formula (2), more specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are hydrogen or oxo groups, and R7 is methyl and the weak acid anion is a phenoxide of formula (X)-4 when k is 1 and R17 is halogen. Claims 3-15 encompass instant claims 5-15. Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10-14 of U.S. Patent No. 11,204,553. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (1) of ‘553 when defined as: m is 1, X1 is iodine or bromine, n is 0, R2 is hydrogen, R3 and R4 are hydrogen or a C1-C24 monovalent hydrocarbon group, and Ra9 is a C19-C24 monovalent hydrocarbon group having an ester bond and which may have carboxyl, see e.g. quenchers 21 and 22 [col 241], encompasses the instantly claimed nitrogen-containing cation having an androstane structure, specifically formula (2), more specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are hydrogen or oxo groups, and R7 is methyl and the weak acid anion is a phenoxide of formula (X)-4 when k is 1 and R17 is halogen. Claims 10-14 encompass instant claims 5-15. Claims 1 and 5-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,644,753. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (A)-1 or (A)-2 of ‘753 when defined as: m is 1, R1 is a C18 hydrocarbyl group containing a carbonate, R2 and R3 are C1-C6 saturated hydrocarbyl groups, R4 and R6 are hydrogen or C1-C4 straight alkyl, R5 is a C1-C6 aliphatic hydrocarbyl group, R is a C2-C10 alicyclic group, and a 1,1,1,3,3,3-hexafluoro-2-propoxide anion, see e.g. Q-23 [col 386], encompasses the instantly claimed nitrogen-containing cation having a carboxy group whose hydrogen is substituted by a tertiary hydrocarbyl group having an androstane structure and the weak acid anion is a 1,1,1,3,3,3-hexafluoro-2-propoxide of formula (X)-5. Claims 3-13 encompass instant claims 5-15. Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,733,608. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (A) of ‘608 when defined as: k is 1, m is 1, n is 0, R2 is a C1 fluorinated saturated hydrocarbyl group, X1 is a single bond, R3 is a C1-C6 fluorinated saturated hydrocarbyl group, and M+ is an ammonium cation having formula (Ac) where Ra6 is hydrogen, Ra7 and Ra8 are hydrogen or a C1-C24 monovalent hydrocarbon group, and Ra9 is a C19-C24 monovalent hydrocarbon group having an ester bond and which may have carboxyl, see e.g. NQ-4 and NQ-5 [col 223], encompasses the instantly claimed nitrogen-containing cation having an androstane structure, specifically formula (2), more specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are hydrogen or oxo groups, and R7 is methyl and the weak acid anion is a sulfonamide of formula (X)-2 when R12 is a C1-10 hydrocarbyl group containing an heteroatom (fluorine) and R13 is a C7 hydrocarbyl group containing a heteroatom (iodine). Claims 3-11 encompass instant claims 5-15. Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,846,884. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (1) of ‘884 when defined as: R2 is hydrogen, R3 and R4 are hydrogen or a C1-C24 hydrocarbyl group, and R5 is a C19-C24 hydrocarbyl group having an ester bond and which may have carboxy, see e.g. Q-33 and Q-34 [col 253], encompasses the instantly claimed nitrogen-containing cation having an androstane structure, specifically formula (2), more specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are hydrogen or oxo groups, and R7 is methyl and the weak acid anion is a 1,1,1,3,3,3-hexafluoro-2-propoxide of formula (X)-5. Claims 3-14 encompass instant claims 5-15. Claims 1 and 5-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,411,407. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to resist compositions comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (A)-2 of ‘407 when defined as: m is 1, R1 is a C18 hydrocarbyl group containing a carbonate, R2 and R3 are C1-C6 saturated hydrocarbyl groups, R4 and R6 are hydrogen or C1-C4 straight alkyl, R5 is a C1-C6 aliphatic hydrocarbyl group, R is a C2-C10 alicyclic group, and a fluorinated 1,3-diketone, fluorinated β-keto ester or fluorinated imide anion, see e.g. Q-23 [col 243], encompasses the instantly claimed nitrogen-containing cation having a carboxy group whose hydrogen is substituted by a tertiary hydrocarbyl group having an androstane structure the weak acid anion is a fluorinated 1,3-diketone, fluorinated β-keto ester or fluorinated imide of formula (X)-6. Claims 2-12 encompass instant claims 5-15. Claims 1-15 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 17/969,059 (reference application) (U.S. 2023/0152692). 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 comprising a quencher having a nitrogen-containing cation and weak acid anion. Formula (1) of ‘692 when defined as: R1 and R2 are C1-C16 hydrocarbyl groups, X is -C(H)= or -N=, R3 is hydrogen, R4 and R5 are hydrogen or a C1-C24 hydrocarbyl group, and R6 is a C19-C24 hydrocarbyl group having an ester bond and which may have carboxy, see e.g. Q-33 and Q-4 on page 182, encompasses the instantly claimed nitrogen-containing cation having an androstane structure, specifically formula (2), more specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are hydrogen or oxo groups, and R7 is methyl and the weak acid anion is a fluorinated 1,3-diketone, fluorinated β-keto ester or fluorinated imide of formula (X)-6. Claims 3-13 of ‘692 encompass instant claims 5-15. 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. Claims 1, 5-8, 11, 12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatakeyama et al. (U.S. 2019/0369491). (related to U.S. 11,435,665 above). Hatakeyama et al. teaches a resist composition in Example 29 comprising Polymer 3, PAG 6, Ammonium Salt 5, PGMEA, and DAA [p 130] (claims 6 and 12) wherein Polymer 3 is the following: PNG media_image3.png 210 287 media_image3.png Greyscale PNG media_image4.png 306 241 media_image4.png Greyscale [p 127] which is a chemically amplified positive resist comprising (claims 6 and 8) repeat units having the formula (a1) and (a2) of instant claim 7 when RA is methyl, Y1 is a single bond, and R21 is an acid labile group, and Y2 is an ester bond, and R2 is an acid labile group, and formula (f2) of instant claim 11 when RA is methyl, Z2 is -Z21-C(=O)-O- where Z21 is a C10 saturated hydrocarbylene group, RHF is trifluoromethyl, R33 is a C6 hydrocarbyl group, and R34 and R35 are C6 hydrocarbyl groups having a heteroatom bonded to form a ring; PAG 6 is the following: PNG media_image5.png 136 287 media_image5.png Greyscale [0201] which is equivalent to an acid generator capable of generating a sulfonic acid of instant claims 1 and 5; and Ammonium salt 5 is the following: PNG media_image6.png 171 285 media_image6.png Greyscale [0194] which is equivalent to a quencher comprising a salt consisting of a nitrogen-containing cation having a carboxy group whose hydrogen is substituted by a tertiary hydrocarbyl group having an androstane structure and a non-nucleophilic counter anion of weak acid of instant claim 1. Hatakeyama et al. also teaches a silicon substrate was coated with an antireflective coating of 60 nm thick (DUV-62, Nissan Chemical Corp.). Each of the resist compositions in Tables 1 to 3 was spin coated on the substrate and prebaked on a hotplate at 105° C. for 60 seconds to form a resist film of 50 nm thick. The resist film was exposed to electron beam using an EB lithography system ELS-F125 (Elionix Co., Ltd., accelerating voltage 125 kV), then baked (PEB) on a hotplate at the temperature shown in Tables 1 to 3 for 60 seconds, and developed with a 2.38 wt % TMAH aqueous solution for 30 seconds to form a pattern [0203] (claims 14 and 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 2-4, 9, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (U.S. 2019/0369491). With regard to claims 2-4, Hatakeyama et al. teaches the above ammonium salt 5 [0194] in which the anion is equivalent to a sulfonamide anion of formula (X)-2 of instant claim 4 when R12 is a C1 hydrocarbyl group and R13 is a C7 hydrocarbyl group containing heteroatoms (C=O and three iodines). The carboxy group in ammonium salt 5 is reversed compared to formula (1) of instant claim 2. However, Hatakeyama et al. also teaches ammonium salt 5 is a specific example of formula (A) [0064] in which M+ can be an ammonium cation having the following formula (Ac) [0072]: PNG media_image7.png 106 298 media_image7.png Greyscale [0072] wherein Ra6 can be hydrogen, Ra7 and Ra8 can be C2 monovalent hydrocarbon groups containing an ether bond bonded together to form a ring, and Ra9 can be a C19-C24 monovalent hydrocarbon group having an ester bond and which may have carboxy which can be a combination of straight and cyclic alkyl [0076-0077] in which the ester bond can be either -COO- or -OCO- as seen in the following cation: PNG media_image8.png 131 234 media_image8.png Greyscale [p 28] such that when the -OCO-C4H8- group seen in ammonium salt 5 is replaced by -COO-CH3- it is equivalent to formula (1) of instant claims 2 and 3 when m is 1, two R1 bond together to form a ring which are C2 aliphatic hydrocarbyl groups containing an ether bond, R2 is a single bond, X1 is a single bond, X2 is a single bond, and R is represented by formula (2), specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are oxo groups, and R7 is methyl. Hatakeyama et al. also teaches the ammonium cation is not limited to those shown [0080] 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 [0208]. Hatakeyama et al. further 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 [0026]. 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 Hatakeyama et al. to include other ammonium cations such as those described above and arrive at the instant claims through routine experimentation of substituting equally suitable variables for the sought invention in order to achieve optimum sensitivity, LWR, and CDU. With regard to claims 9 and 10, Hatakeyama et al. teaches the above Polymer 3 which is used for a positive resist composition. Hatakeyama et al. does not teach the polymer is free of an acid labile group, i.e. used for a negative resist composition. However, Hatakeyama et al. teaches the base polymer may be free of an acid labile group. Typically, the resist composition is a chemically amplified negative resist composition [0035-0036]. 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 Hatakeyama et al. to include other polymers and arrive at the instant claims through routine experimentation of substituting equally suitable components for the sought invention in order to obtain either a positive or negative resist. With regard to claim 13, Hatakeyama et al. teaches the resist composition may further comprise a surfactant [0038]. Claims 1-8 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Namai et al. (JP2017181697) in view of Ichikawa et al. (JP2012226313). Translations attached. Namai et al. teaches a radiation-sensitive resin composition contains the polymer (A), the acid generator (B), the acid diffusion control agent (C), and the solvent (D) [0011] (claims 1, 6, and 12) wherein the polymer (A) is a polymer having the structural unit (I) [0012] which is a structural unit having an acid-dissociable group. Examples of the structural unit (I) include a structural unit represented by the following formula (2-1), a structural unit represented by the following formula (2-2), and the like [0014] (claim 8): PNG media_image9.png 412 322 media_image9.png Greyscale [0015] wherein R20 is hydrogen, fluoro, methyl or trifluoromethyl. R21 is a monovalent hydrocarbyl group having 1 to 20 carbon atoms. R22 and R23 each independently represent a monovalent chain-hydrocarbon group having 1 to 10 carbon atoms or a monovalent alicyclic-hydrocarbon group having 3 to 20 carbon atoms, or these groups taken together represent an alicyclic structure having 3 to 20 carbon atoms together with the carbon atom to which these groups are bonded. In the above formula (2-2), R24 is hydrogen or methyl. L1 is a bond, -CCOO - or - CONH-. R25, R26, and R27 are each independently hydrogen, a monovalent hydrocarbyl group of 1 to 20 carbon atoms, or a monovalent oxyhydrocarbyl group of 1 to 20 carbon atoms [0016] which are equivalent to repeat units having formula (a1) or (a2) of instant claim 7 when RA is hydrogen or methyl, Y1 is a single bond, R21 is an acid labile group, Y2 is a single bond or ester bond, and R22 is an acid labile group. Namai et al. also teaches the acid generator (B) may be contained in the radiation-sensitive resin composition in the form of a low-molecular-weight compound as described later (hereinafter, referred to as "acid generating agent (B)" as appropriate), in the form of being incorporated as a part of a polymer, or in both of these forms [0087] and is preferably a compound represented by formula (4) [0091] such as the following formula (B-1): PNG media_image10.png 141 272 media_image10.png Greyscale [0275] which is equivalent to an acid generator capable of generating a sulfonic acid of instant claims 1 and 5. Namai et al. further teaches the acid diffusion control agent (C) is a compound represented by formula (1-1) or formula (1-2) [0112] in which formula (1-1) is the following: PNG media_image11.png 224 295 media_image11.png Greyscale [0113] wherein R1, R2 and R3 are each independently hydrogen or a monovalent organic group of 1 to 20 carbon atoms, or two or more of these groups taken together represent a ring structure of 3 to 20 ring atoms. L is an (n + 1) -valent organic group having 1 to 20 carbon atoms. X is -OR4 or -NR5R6. R4 is a monovalent organic group having 1 to 20 carbon atoms. R5 and R6 are each independently hydrogen or a C1-C20 monovalent organic group, or taken together represent a C3-C20 aliphatic heterocyclic structure [0114] and the monovalent anion represented by A - is not particularly limited as long as it is a monovalent anion formed by removing one proton from an acid weaker than the acid generated by the acid generator (B). Examples of the monovalent anion represented by A - include a carboxylate anion, a sulfonate anion, an amide anion, an imide anion, a carbanion, a sulfate anion, and a phosphate anion [0171], specifically formulae (d-1) to (g-1) [0172] such as the following (d-1): PNG media_image12.png 159 190 media_image12.png Greyscale [0173] which is equivalent to a carboxylate anion having the formula (X)-1 of instant claim 4 when R11 is a C3 hydrocarbyl group containing a heteroatom (fluorine). Namai et al. also teaches examples of the monovalent hydrocarbyl group having 1 to 20 carbon atoms represented by R4 include monovalent linear hydrocarbyl groups having 1 to 20 carbon atoms, monovalent cycloaliphatic hydrocarbyl groups having 3 to 20 carbon atoms, and monovalent aromatic hydrocarbyl groups having 6 to 20 carbon atoms [0157] and examples of R4 include monocyclic cycloalkyl groups such as cyclopropyl, cyclobutyl, cyclopentyl, cyclohexyl, and cyclooctyl; monocyclic cycloalkenyl groups such as cyclobutenyl, cyclopentenyl, and cyclohexenyl; polycyclic cycloalkyl groups such as norbornyl, adamantyl, tricyclodecyl, and tetracyclododecyl; and polycyclic cycloalkenyl groups such as norbornenyl, tricyclodecenyl, and tetracyclododecenyl [0159]. Namai et al. does not teach an androstane structure as the polycyclic cycloalkyl group R4. However, Ichikawa et al. teaches a resist composition comprising a salt (X) represented by formula (I) [abstract]: PNG media_image13.png 138 243 media_image13.png Greyscale [0018] wherein W is formula (W-I): PNG media_image14.png 138 485 media_image14.png Greyscale [0018] wherein n is an integer of 0 to 6. R1 represents a monovalent aliphatic hydrocarbyl group of 1 to 12 carbon atoms or a monovalent aromatic hydrocarbyl group of 6 to 12 carbon atoms, and a methylene group constituting the monovalent aliphatic hydrocarbyl group may be replaced by an oxygen or carbonyl moiety. M is an integer of 1 to 5 [0018], e.g. n can be 1 where R1 is a monovalent aliphatic hydrocarbyl group of 1 carbon atom, and m is 2. When R4 of Namai’s formula (1-1) is substituted with Ichikawa’s formula (W-I) it is equivalent to a quencher comprising a salt consisting of a nitrogen-containing cation having a carboxy group whose hydrogen is substituted by a tertiary hydrocarbyl group having an androstane structure and a non-nucleophilic counter anion of weak acid of instant claim 1, specifically formula (1) of instant claims 2 and 3 when m is 1, two R1 bond together to form a ring which are C2 aliphatic hydrocarbyl groups containing an ether bond, R2 is a single bond, X1 is a single bond, X2 is a single bond, and R is represented by formula (2), specifically formula (2)-1 when R3 is a C1 aliphatic hydrocarbyl group, R4 and R5 are hydroxy, and R7 is methyl. Ichikawa et al. also teaches when the resist composition of the present invention is used, a resist pattern having excellent CD uniformity (CDU) can be produced [0007]. 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 Namai et al. to include other known polycyclic rings such as those taught by Ichikawa et al. and arrive at the instant claims through routine experimentation of substituting equally suitable groups for the sought invention in order to achieve optimum CDU. With regard to claim 13, Namai et al. teaches the radiation-sensitive resin composition may contain other optional components in addition to the components (A) to (E). Examples of the other optional components include a surfactant, an alicyclic skeleton-containing compound, and a sensitizer. These other optional components may be used alone or in combination of two or more kinds thereof [0241]. With regard to claims 14 and 15, Namai et al. teaches the method for forming a resist pattern includes a step of forming a resist film, a step of exposing the resist film, and a step of developing the exposed resist film [0248] wherein the resist film formed in the resist film forming step is irradiated with radiation through a photomask or the like (in some cases, through a liquid immersion medium such as water) to be exposed. Examples of the radiation include electromagnetic waves such as visible light, ultraviolet light, far ultraviolet light, extreme ultraviolet light (EUV), X-rays, and γ-rays; and charged particle beams such as electron beams and α-rays, depending on the line width of the intended pattern [0251]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. 2020/0192222 (U.S. 11,774,853 above), U.S. 2020/0272048 (U.S. 11,415,887 above), U.S. 2021/0048747 (U.S. 11,720,018 above), and U.S. 2021/0033969. 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

Jun 22, 2023
Application Filed
Jan 06, 2026
Non-Final Rejection — §102, §103, §112 (current)

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3y 7m
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