Prosecution Insights
Last updated: July 17, 2026
Application No. 18/256,340

POSITIVE-WORKING PHOTORESIST COMPOSITION WITH IMPROVED PATTERN PROFILE AND DEPTH OF FOCUS (DOF)

Non-Final OA §112
Filed
Jun 07, 2023
Priority
Jan 07, 2021 — provisional 63/134,608 +2 more
Examiner
LEE, ALEXANDER N
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Merck Patent GmbH
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
81 granted / 108 resolved
+10.0% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
36 currently pending
Career history
141
Total Applications
across all art units

Statute-Specific Performance

§103
84.2%
+44.2% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 108 resolved cases

Office Action

§112
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 Status Claims 1, 3, 6-12, 14-18, 21-24, 28, and 31-32 are under consideration Claims 2, 4-5, 13, 19-20, 25-27, 29-30, and 33 are canceled Claim Objections The claims are objected to because the lines are crowded too closely together, making reading difficult. Substitute claims with lines one and one-half or double spaced on good quality paper are required. See 37 CFR 1.52(b). Claims 1, 8-9, 21-22, and 28 are objected to because of the following informalities: Regarding claim 1, At line 18, “a compounds having general structure (VI)” should be “a compound[[s]] having general structure (VI)” At line 21, “a surfactant.” Should be “a surfactant[[.]];” At line 25, “wherein wt. % solid of, said Novolak polymers of structure (1) and (II), each” should be “wherein the wt. % solid of[[,]] said Novolak polymers of structure (1) and (II)[[,]] each” At line 29, “component d),” should be “component d)[[,]]” At line 31, “this composition is free of hexamethyl melamine crosslinkers and photoacid generators,” should be “this composition is free of hexamethyl melamine crosslinkers and photoacid generators, and ” Regarding claim 8, In line 16, “and sum of x1, x2, x3, x4, x5, x6, y and z” should be “and the sum of x1, x2, x3, x4, x5, x6, y and z” Regarding claim 9, The third structure, presumably (IIak3), is missing a label disclosing the structure as (IIak3) In the structure (IIak6), the label reading “IIak6)” should be “(IIak6)” Regarding claim 21, “said speed enhancer mixture of speed enhancers” should be “said speed enhancer is a mixture of speed enhancers” Regarding claim 22, “having structure (Vla), or structure (Vlla) or is a mixture” should be “having structure (Vla), [[or ]]structure (Vlla) or is a mixture” Regarding claim 28, At line 2, “the optional component f) and is at least one” should be “the optional component f) At line 5, “single ring structure, or the multi ring structure” should be “single ring structure[[,]] or the multi ring structure” At lines 7-8, “Se, and Te. In said structure (H2), Y is selected from the group consisting of C(Rt3) and N. In said structure (H3), Z is selected from the group consisting of C(Rt3) and N. In these structures” should be “Se, and Te[[. I]], in said structure (H2), Y is selected from the group consisting of C(Rt3) and N[[. I]], in said structure (H3), Z is selected from the group consisting of C(Rt3) and N[[. I]] and in these structures” Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 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. Claims 1, 3, 6-12, 14-18, 21-24, 28, and 31-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, The instant wt. % solids of components a), b), c), and d), if one of the two polymers has the maximum wt. % of 70%, the total wt. % would exceed 100% when using the minimum wt. % of the remaining components (23 wt. % of the other polymer, 9 wt. % of b), and 4 wt. % of c)). It is unclear whether the maximum wt. % of one of the two polymers must be lower than 70 wt. % or that the minimum wt. % of one or more of the remaining components must be lower than the claimed minimum wt. %. Claims 8 and 23-24 are 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 8 discloses “in the polymer of structure (I), the repeat unit of structure (la), whose mole % x ranges from about 10 to about 25 mole %”. However, claim 1 discloses that the mole % x ranges from about 10 to about 20 mole %, a smaller range than that of claim 8. Claim 23 depends on claim 1, where the structure (VIa) is not disclosed in the instant claim, and is not one of the polyphenolic compounds disclosed in claim 1. Claim 24 depends on claim 1, where the structure (VIIa) is not disclosed in the instant claim, and is not one of the polyphenolic compounds disclosed in claim 1. 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Eilbeck (US20030207195A1) discloses a film-forming novolak resin mixture containing at least two novolak resins and a diazonaphthoquinone sulfonic acid ester of a polyhydroxy compound aligning with instant formula (III) [0043]. Eilbeck teaches further including speed enhancers, solvents, and leveling agents (surfactants) [0050]. Eilbeck also teaches including a fractionated novolak resin in table 3 [0064]. US5601961A teaches a similar positive-working photoresist composition comprising of two kinds of novolak resins and a quinone diazide group-containing compound as a photo-sensitizing agent [claim 1]. US5977288A teaches a novolak film forming composition comprising of a speed enhancer BI26X-SA, and a surfactant [example 2]. US20100167476A1 teaches a photoresist composition which may comprise of a mix of two novolak resins [example 2, 0062] and photosensitizer comprising a diazide-based compound [claim 1]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Lee whose telephone number is (571)272-2261. The examiner can normally be reached M-Th 7:30-5:30 EST. 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. /A.N.L./Examiner, Art Unit 1737 /JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
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Prosecution Timeline

Jun 07, 2023
Application Filed
Apr 10, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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RESIST UNDERLAYER FILM-FORMING COMPOSITION
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Patent 12656682
PHOTORESIST COMPOSITION AND METHOD OF MANUFACTURING A SEMICONDUCTOR DEVICE
5y 2m to grant Granted Jun 16, 2026
Patent 12656685
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Patent 12650648
METHOD TO REDUCE LINE EDGE ROUGHNESS FOR EUV PHOTORESIST PATTERN
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
86%
With Interview (+11.0%)
3y 4m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 108 resolved cases by this examiner. Grant probability derived from career allowance rate.

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