DETAILED ACTION
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)(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.
Claim(s) 1-4, 6-8, 10-13, 15-17, and 19-20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U. S. Patent Application Publication No. 2015/0338731 (hereinafter referred to as Nozawa).
Nozawa, in the abstract, and in [0018]-[0030], discloses a phase shift mask blank that is used for generating a phase shift in the exposure light that has a wavelength less than 200nm (ArF), wherein the phase shift mask blank comprises a transparent substrate, and a phase shift film that is formed on the surface of the transparent substrate, and the phase shift film has a low transmission portion and a high transmission portion of the layer such that the high transmission layer and low transmission layer are positioned in opposing directions in the phase shift film that is formed on the transparent substrate. Nozawa, in [0369], discloses that the phase shift mask has a transferred image and is used as a phase shift mask in an exposure device and irradiated with ArF excimer laser and thereby exposing a resist film on a semiconductor device and after transferring (developing, post-develop patterning) forming a circuit pattern on the semiconductor device. Nozawa, in [0042], [0081]-[0082], discloses that the phase-shift film has a low transmission layer (portion) and a high transmission portion and that the components of the phase shift film vary from the low transmission portion (layer) to the high transmission portion in the direction of the film thickness (continuous gradient, claimed compositionally graded layer) such that the low transmittance layer has a predetermined phase difference and the high transmission layer portion has a predetermined transmittance (transmittance adjustment layer) with respect to the exposure light. Nozawa, in [0284]-[0285], discloses that atop the phase shift film’s high transmission layer, an upper most layer (claimed protective layer) is formed. Nozawa, in [0086], discloses that the upper most film has a composition gradient in the direction of the layer thickness and that the compositional components that constitute the uppermost layer vary continuously in the thickness direction of the layer. Nozawa, in [0067], [0084], and [0137], discloses that the phase shift film (that includes the upper most layer) is deposited using a target material that includes the use of mixed targets that comprising silicon that includes silicon and transition metals, wherein the transition metals includes tantalum, tungsten, i.e., comprises the same claimed transition metals (include tungsten) and is reactive sputtered with nitrogen and oxygen and/or semimetals to form the uppermost layer i.e., the uppermost layer includes the claimed metals, semimetals such as tellurium (see [0067]) and gases (oxygen and nitrogen). Nozawa, in [0149], discloses that the low transmission layer is deposited in metal mode, and Nozawa, in [0274], discloses that the low transmission layer includes transition metals (includes tungsten, tantalum), and in the phase shift mask blank disclosed in [0409]-[0414] of Nozawa, the phase shift mask blank includes the graded layers of high transmission and low transmission layers formed on the substrate with the top most layer as the low transmission layer (top most layer similar to the claimed protective layer) that includes as disclosed in [0274] transition metal, and semimetals (see [0020]) and nitrogen and includes the content recited in claims 6-8, and 15-17 and comprises the same claimed components that vary in the composition in the uppermost layer in the thickness direction of the layer in a continuous gradient and will inherently and necessarily protect against gas permeation in the claimed manner (claims 1, 6-8, 10, 15-17). Nozawa, in [0026] discloses that the single layer of both low transmission and high transmission layers with the claimed gradient composition between the two portions has a thickness less than 20nm (claims 2, 11). Nozawa, in [0077], discloses that the phase shift film is etched using a fluorine-based gas and the etch resistivity of the high transmission layer of the phase shift film is high towards the chlorine-based etching (claims 3, 12, and 20). Nozawa, in [0137], and [0141], discloses that the phase shift film is deposited using sputter target that includes silicon, and at least one of the transition metals such as titanium, molybdenum, vanadium, nickel, zirconium, niobium and hafnium, and nonmetallic elements such as oxygen, nitrogen (claims 4, 13). Nozawa, in [0092], [0096], discloses that the light shielding film is laminated on the phase shift film (on the uppermost layer of the phase shift film or the phase shift film). Nozawa, in [0092]-[0093], discloses that the light shielding film that includes two or more layers and have a laminated structure and is formed on the phase shift film and Nozawa, in [0104]-[0105], discloses forming a resist film on the phase shift mask blank that includes the phase shift film and the light shielding film, and exposing and developing the resist film to form a resist pattern on the light-shielding film. Nozawa, in [0094], [0106], and [0107], figures 3c-3d, discloses chlorine based etching that used chlorine based gas and oxygen to etch the light shielding film i.e., transfer the pattern using the resist pattern as the mask to the underlying light shielding layer, or etching the light shielding film pattern (3a) to reveal the underlying phase shift film (2), and Nozawa, in [0074], and [0106], discloses that the phase shift film (high transmission/low transmission layer) is etched using a fluorine based etching gas using the light shielding film pattern as the mask (figure 3d), and removing the resist pattern, and removing the light shielding pattern portion (3b) using a chlorine based gas and oxygen gas, after removing the resist pattern (5a) (claim 19).
Response to Arguments
Applicant’s arguments filed July 13, 2026, have been fully considered but they are not persuasive. The 35 U.S.C. 102(a)(1) rejection made in the previous office action has been maintained.
With respect to applicant’s remark that the amended protective layer composition that protects against gas permeation and now recited in the independent claims is not taught by Nozawa, Nozawa in [0027], [0039], and [0084], discloses that the uppermost layer that is part of the top surface of the phase shift film laminate includes semi-metallic content and nitrogen and oxygen, and Nozawa , in the last six lines of [0065], and in [0067], discloses that the semi-metallic content includes tellurium and the target used for reactive sputter depositing the layer (includes the upper most layer of the phase shift layers) includes semi-metallic elements such as tellurium, and is the same compositional content recited in the independent claims and will inherently and necessarily protect against gas permeation.
Conclusion
THIS ACTION IS MADE FINAL. 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 Daborah Chacko-Davis whose telephone number is (571) 272-1380. The examiner can normally be reached on 9:30AM-6:00PM EST Mon-Fri. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally A. Merkling can be reached on (571) 272-6297. The fax phone number for the organization where this application or proceeding is assigned is 571-272-8300. 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.
/DABORAH CHACKO-DAVIS/Primary Examiner, Art Unit 1737 September 9, 2026.
Prosecution Insights