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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Claim Objections
Claims 17-19 are objected to because of the following informalities: The terms “ the photoresist layer” should be amended to recite “ the at least one photoresist layer” in view of claim language consistency. 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.
Claims 8, 9, 13 and 15-19 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.
Claim 8 recites “wherein solvent (B2) is contained in an amount of 100% by mass or less base on the total amount (100% by mass of the compound (B1)”. The claim as written is indefinite and unclear. Independent claim 1 requires the film to comprise a solvent (B1) a compound represented by general formula (b-1) and dependent claim 5 states that “solvent (B) comprising : (B2) a solvent other than the compound (B1). Therefore, solvent (B2) and solvent (B1) are different based on the recited claims. Therefore, it is unclear how the film composition may comprised solvent (B2) is contained in an amount of 100% by mass. Appropriate correction is required.
Claim 13 recites a “high carbon resin (A3)”. However it is unclear what applicants means by “high carbon” . The claim as written is indefinite and unclear. The term “high ” in claim 13 is a relative term which renders the claim indefinite. The term “high carbon” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Appropriate correction is required.
Claims 15 and 16 recite “the resist auxiliary film”. However, there is no positive recitation of a resist auxiliary film recited by the claim 1 or claims 15 and 16. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claims 9 depend on claim 8 and 17-19 depend on claims 15 or 16; therefore, the claims are also indefinite and rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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 1-11, 13, 15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wayton et al. (US 2004/0067437 A1).
Regarding claims 1-11, 13, 15 and 17, Wayton et al. teach ( see abstract, claims and examples i.e. Ex. 7 & 25) teach a resist auxiliary film composition ( antireflection composition) containing a resin (A) and a solvent ( B) containing a compound (B1) represented by the general formula (B-1) ( HBM: methyl-2-hydroxyisobutyrate in an amount 1.8 g in ex. 25) and another solvent B2 ( MBM: methyl-2-methoxyisobutyrate), wherein the content of the active component based on the total amount of the resist auxiliary film compound is 45% by mass or less. Wayton et al. teach the composition further comprises (C) at least one additive selected from the group consisting of a photosensitizer and an acid generating agent [0090-0097]. The resin (A) may be novolaks ( novolac resins; [0050 & 0089]) Further, Wayton et al. teach ( see paragraphs [0080-0082] a compound ins which R1 of the compound (B1) is an ethyl group may be used. In addition, Wayton et al. ( see paragraphs [0066 & 0083] describe that methyl alpha-methoxyisobutyrate and propylene glycol monomethyl ether (1-methoxy-2-propanol) may be used in combination as a solvent. Wayton et al. teach a method for forming a pattern, comprising forming a resist underlayer film on a substrate by using the antireflection composition , forming at least one photoresist layer on the resist underlayer film, and irradiating a predetermined region of the photoresist layer with radiation after the forming of the least one photoresist layer, followed by developing ( examples, [0108-0112] and claims ).
Claims 1-11, 13, 15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wayton et al. (US 2012/0034562 A1).
Regarding claims 1-11, 13, 15 and 17, Wayton et al. teach ( see abstract, claims and examples 4-5, 7, 9, 12-13, 21-22, 24-25, 27-31, 34-36 and 39-40) teach a resist auxiliary film composition ( antireflection composition for lower layer; ARC) containing a resin (A) and a solvent ( B) containing a compound (B1) ( HBM: methyl-2-hydroxyisobutyrate) the content of the active component based on the total amount of the resist auxiliary film compound is 45% by mass or less. In Examples 7 and 25, Wayton et al. teach that another solvent B2 ( 2-methoxyisobutyrate: MBM) is used in combination [0098]. Wayton et al. teach the composition further comprises (C) at least one additive selected from the group consisting of a photosensitizer and an acid generating agent [0065]. The resin (A) may be novolaks ( novolac resins; [0055 & 0067]) In addition, Wayton et al. ( see paragraph [0064] ) describe that methyl alpha-methoxyisobutyrate and propylene glycol monomethyl ether (1-methoxy-2-propanol) may be used in combination as a solvent. Wayton et al. teach a method for forming a pattern, comprising forming a resist underlayer film on a substrate by using the antireflection composition , forming at least one photoresist layer on the resist underlayer film, and irradiating a predetermined region of the photoresist layer with radiation after the forming of the least one photoresist layer, followed by developing ( examples, and claims ).
Claims 1-13 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thackeray et al. (US 2007/0042289 A1).
Regarding claims 1-13 and 15-19, Thackeray et al. ( see abstract, claims , examples 4-12, 14 and 15) teach a resist auxiliary film composition ( base coating composition) containing a resin A ([0040-0042 & 0061-0065] i.e. novolaks) and solvent (B) containing compound B1 represented by general formula (b-1) ( HBM: methyl 2-hydroxyisobutyrate; Examples), wherein the content of the active component based on the total amount of the resist film composition is 45% by mass or less and other solvent may be included in the base coating such as methyl hydroxy isobutyric acid esters [0058 & 0085]. Thackeray et al. teach a method for forming a pattern, comprising forming a resist underlayer film on a substrate by using the antireflection composition , forming at least one photoresist layer on the resist underlayer film, and irradiating a predetermined region of the photoresist layer with radiation after the forming of the least one photoresist layer, followed by developing ( examples, [0084-0089] and claims ).
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wayton et al. (US 2012/0034562 A1) and/or Wayton et al. (US 2004/0067437 A1) and/or Thackeray et al. (US 2007/0042289 A1) as applied to claim 1 above, and further in view of Shirakawa et al. (US 2018/0120706 A1).
Regarding claim 14, neither Wayton ‘562 nor Wayton ‘437 or Thackeray et al. specifically recite resin (A) comprises a silicon-containing resin (A4) as instantly claimed. However, the examiner has added to Shirakawa et al. to teach it is well-known to one of ordinary skilled in the art of photoresist to include a resin comprising a silicon-containing resin [0176] in view having an efficient film with high molecular weight unit. Therefore, it would have been obvious to one of ordinary skilled in the art to modify the resin of Wayton ‘562 or Wayton ‘437 or Thackeray et al. to comprised a silicone-containing resin as taught by Shirakawa et al. in view of view having an efficient film with high molecular weight unit.
Claim(s) 16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wayton et al. (US 2012/0034562 A1) and/or Wayton et al. (US 2004/0067437 A1) as applied to claims 1 and 15 above, and further in view of Thackeray et al. (US 2007/0042289 A1).
Regarding claims 16, 18 and 19, neither Wayton ‘562 nor Wayton ‘437 specifically recite resist intermediate layer film as instantly claimed. Nonetheless, the examiner has added Thackeray et al. to teach it is well-known to one of ordinary skilled in the art of photoresist to include a resist intermediate layer film ( claims and examples 4-12 , 14 and 15) in view in aiding of coating properties. Therefore, it would have been obvious to include a resist intermediate layer film as recited by Thackeray et al. to process of forming a pattern as taught by Wayton ‘562 or Wayton ‘437 in view of routine experimentations and in view of aiding in coating properties.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANCEITY N ROBINSON whose telephone number is (571)270-3786. The examiner can normally be reached Monday-Friday (8:00 am-6:00 pm; IFP; PHP).
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, Anthony Zimmer can be reached at 571-270-3591. 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.
/CHANCEITY N ROBINSON/Primary Examiner, Art Unit 1737
Prosecution Insights