Prosecution Insights
Last updated: August 15, 2026
Application No. 18/254,802

RESIST COMPOSITION AND METHOD FOR FORMING RESIST PATTERN

Final Rejection §103
Filed
May 26, 2023
Priority
Dec 21, 2020 — JP 2020-211619 +1 more
Examiner
MALLOY, ANNA E
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Ohka Kogyo 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
229 granted / 496 resolved
-18.8% vs TC avg
Minimal -5% lift
Without
With
+-4.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
47 currently pending
Career history
541
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
49.6%
+9.6% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 496 resolved cases

Office Action

§103
DETAILED ACTION Claims 1, 2, 4, and 5 are pending. Claims 1 and 2 have been amended and claim 3 has been canceled. 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 § 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, 2, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hada et al. (U.S. 5,902,713) in view of Hagihara et al. (U.S. 2005/0042541). Hada et al. teaches a negative-working chemical-sensitization photoresist composition which comprises, in the form of a uniform solution in an organic solvent: (a2) 100 parts by weight of an alkali-soluble resin such as a polyhydroxystyrene, copolymer of hydroxystyrene and styrene and novolac resin, of which the ratio of the weight-average molecular weight to the number-average molecular weight Mw:Mn does not exceed 3.5; (b) from 0.1 to 30 parts by weight of a cyano group-containing oximesulfonate compound, as an acid-generating agent, represented by the general formula: R1--C(CN)=N--O--SO2--R2, (I) in which R1 is a monovalent aromatic group and R2 is an alkyl group having 1 to 4 carbon atoms and unsubstituted or substituted by halogen atoms; and (c) from 3 to 70 parts by weight of an acid-crosslinkable resin such as melamine resins, urea resins and guanamine resins [col 3 lines 1-20] wherein polyhydroxystyrene is equivalent a polymeric compound (A1) having a constitutional unit (a10) represented by General Formula (a10-1) of instant claim 1 when R is a hydrogen atom, Yax1 is a single bond, Wax1 is an aromatic hydrocarbon group, and nax1 is 1; formula (I) is equivalent to an acid generator (B) of instant claim 1, specifically including an acid generator (B0) represented by General Formula (b0-1) of instant claim 4 when Rb1 is an organic group and Rb2 is a group represented by General Formula (b0-r-1) when Rb201 and Rb202 are each organic groups; and melamine resins and urea resins are equivalent to a melamine-based or urea-based crosslinking agent (C) respectively of instant claim 1. Hada et al. also teaches it is of course optional that the photoresist composition of the invention is admixed according to need with various kinds of optional additives having compatibility with the essential ingredients and conventionally used in photoresist compositions including, for example, auxiliary resins to improve the film properties of the resist layer, plasticizers, stabilizers, coloring agents, surface active agents and so on [col 8 lines 42-48]. Hada et al. does not teaches a polyether compound (Z). However, Hagihara et al. teaches a positive resist composition of the present invention comprises a resin (A) (hereafter referred to as the component (A)) that increases alkali solubility under the action of acid, an acid generator (B) (hereafter referred to as the component (B)) that generates acid on exposure to light, and polypropylene glycol (C) (hereafter referred to as the component (C)) [0018] wherein the component (A) comprises a copolymer (hereafter referred to as the copolymer (A1)) containing a first structural unit (a1) derived from hydroxystyrene, and a second structural unit (a2) derived from a (meth)acrylate having an alcoholic hydroxyl group [0025]; any of the materials typically used as acid generators in conventional chemical amplification type resists can be used as the acid generator (B) [0066]; and there are no particular restrictions on the quantity of the component (C) used in a positive resist composition of the present invention. However, the quantity is typically within a range from 0.1 to 10% by mass, and preferably from 0.5 to 3% by mass, relative to that of the component (A) (claims 1 and 2). Ensuring a quantity of at least 0.1% by mass enables a high resolution and a favorable scum reduction effect to be achieved. Furthermore, the flow temperature of a resist obtained using the positive resist composition can be reduced to a temperature more suited to thermal flow treatment. In contrast, if the quantity exceeds 10% by mass, then there is a danger of a deterioration in the depth of focus characteristics. Furthermore, the Mw of the component (C) is preferably within a range from 200 to 4000, and more preferably from 1000 to 3000 (claim 1). If the Mw value is at least 200, then a composition with excellent etching resistance and heat resistance is obtained. Moreover, if the Mw value is no more than 4000, then the occurrence of scum can be effectively suppressed, resulting in a superior composition [0074-0075] and a specific example seen in Example 1 includes 1.5 parts by mass (per 100 parts by mass of (A)) of polypropylene glycol (Mw 1000) as component (C) [0120] which is equivalent to a polyether compound (Z) of instant claim 1. Although Hagihara et al. is directed to a positive resist composition, Hagihara et al. also teaches a cross-linking agent (F) may be used [0088] which is known in the art to typically alter a composition to become negative. Hagihara et al. also teaches by combining this specific copolymer with the component (C), a resist pattern can be formed with excellent resolution and depth of focus, as well as improved suppression of scum and developing defects. Furthermore, the substrate dependency of scum occurrence is low, meaning the invention can be applied to any substrate. The reason for the improvement in scum suppression is thought to be a result of the component (C) promoting both the generation of acid from the component (B) in the exposed portions, and the dissociation of the acid dissociable, dissolution inhibiting groups, thereby suppressing the occurrence of residues (scum) that have not dissolved in the developing liquid. Furthermore, by incorporating the component (C), the depth of focus broadens, and the focus margin during exposure also increases. In addition, by incorporating the component (C), the flow temperature for a resist produced using the positive resist composition decreases. Therefore, if a thermal flow treatment is conducted following formation of the resist pattern, the treatment can be conducted at a lower temperature [0020-0022]. 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 Hada et al. to additionally include a polypropylene glycol (polyether) compound as taught by Hagihara et al. through routine experimentation of combining equally suitable compounds for the sought invention and arrive at the instant claims in order to achieve optimum resolution and depth of focus as well as suppress scum. With regard to claim 5, Hada et al. teaches the photolithographic procedure the patterning of a resist layer on a substrate surface using the inventive photoresist composition can be conventional as in the prior art. Namely, the surface of a substrate such as a semiconductor silicon wafer is uniformly coated with the photoresist composition in the form of a solution on a suitable coating machine such as spinners followed by drying of the coating layer to form a photoresist layer which is patternwise exposed through a pattern-bearing photomask to actinic rays such as ultraviolet light, deep ultraviolet light, excimer laser beams and the like or irradiated with electron beams by patternwise scanning to form a latent image of the pattern. After a post-exposure baking treatment of the resist layer, the latent image is subjected to a development treatment by using an aqueous alkaline solution of, for example, tetramethylammonium hydroxide in a concentration of 1 to 10% by weight as a developer followed by rinse with water and drying to give a resist layer patterned with high fidelity to the photomask pattern [col 8 lines 49-67]. Response to Arguments Due to the amendment filed April 2, 2026 of instant claim 1, the 102(a)(1) rejection over Hatakeyama and the 103 rejection over Hatakeyama have been withdrawn. Applicant’s arguments with regard to these rejections have been considered but are moot due to the amendment of instant claim 1. Conclusion 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 6:30-3:00 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, Keith Walker can be reached at 571-272-3458. 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 /KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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Prosecution Timeline

May 26, 2023
Application Filed
Jan 09, 2026
Non-Final Rejection mailed — §103
Mar 26, 2026
Applicant Interview (Telephonic)
Mar 26, 2026
Examiner Interview Summary
Apr 02, 2026
Response Filed
Jun 16, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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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
46%
Grant Probability
41%
With Interview (-4.9%)
3y 5m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 496 resolved cases by this examiner. Grant probability derived from career allowance rate.

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