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 § 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 4 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 4 recites “A-X- being the non-nucleophilic counterion having the polymerizable group represented by at least one of the general formulae (1-A) to (1-C)…...” and is the same non-nucleophilic counterion A-X- of formulae (1-A) to (1-C) in claim 1, and claim 4 does not add a further limitation to the non-nucleophilic counterion that is already fully recited 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.
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.
Claim(s) 1, 4-19, is/are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Application Publication No. 2022/0107560 (hereinafter referred to as Fukushima) in view of U. S. Patent Application Publication No. 2021/0188770 (hereinafter referred to as Fujiwara).
Fukushima, in the abstract, in [0024]-[0032], and [0036], discloses a resist composition comprising a sulfonium salt as a photoacid generator, the sulfonium salt has the claimed structure, see below,
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, wherein the hydrocarbyl group that is bound to the sulfonium ion that comprises the aryl group (disclosed above) includes an acid labile group substitution (claimed [O-RALU]) and includes a fluorinated group as further substitution, see below,
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, and the R2 is a hydrocarbyl group (claimed R11), and the X- group disclosed above is an anion that includes a polymerizable group (claim 1). Fukushima, in the abstract, in [0024]-[0032], and [0036], discloses a sulfonium salt structure,
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, wherein the hydrocarbyl group that is bound to the sulfonium ion that comprises the aryl group (disclosed above) includes an acid labile group substitution (claimed [O-RALU]) and includes a fluorinated group as further substitution. Fukushima, in [0029]-[0033], discloses that the anion (claimed counterion) having the polymerizable group, has the following structure, see below,
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wherein X1, X2, and L4, are each either a single bond or methylene or phenylene or carbonyl or ester group and Q1, Q2, Q3, and Q4, are each fluorine or fluorinated alkyl groups and is the same as the claimed structure recited in claim 4.
Fukushima, in [0036]-[0037[, discloses that the resist composition comprises a base polymer (base resin) with repeat units wherein the repeat units include the repeat unit of the photoacid generator comprising the sulfonium salt (i.e., photoacid generator is a copolymer), see below,
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(claims 5-6, and 9). Fukushima, in [0035]-[0036], discloses that the resist composition comprising the base polymer includes the following repeat units, see below,
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, wherein Y1, and Y2, are the same as the claimed ZA, and ZB, and includes single bond or phenylene or a
-C(=O)-O-Y11, wherein the Y11 includes C1-C10 alkanediyl or phenylene or naphthalene group, and is the same claimed repeat units recited (claims 7, and 10). Fukushima, in [0035], and [0038], discloses a resist composition that comprises the base polymer includes further repeats, see below,
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, wherein Ap is a polar group and is the same as the claimed YA, and is the same as the repeat units recited (claims 8, and 11). Fukushima, in [0120], discloses that the resist composition further comprises another photoacid generator (other than the sulfonium salt pendant repeat unit of the base polymer), a quencher, and a surfactant (that is insoluble or substantially insoluble in water or alkaline developer), and an organic solvent (see [0118]) (claims 12-15). Fukushima, in [0042], discloses that the resist composition is coated on a substrate to form a resist film, exposing a selective region to EB or EUV (high energy rays), developing the exposed resist film (claims 16-17). Fukushima, in [0043], discloses that the developing can be in an alkaline aqueous developer to form a positive pattern (dissolves exposed region away leaving behind the unexposed region to form the pattern) (claim 18). Fukushima, in [0044], discloses that the developing can be in an organic solvent to form the negative pattern (unexposed region of the resist film dissolved away leaving the exposed region to form the pattern) (claim 19).
Fukushima, in the abstract, in [0024]-[0032], and [0036], discloses a sulfonium salt structure,
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, wherein the hydrocarbyl group that is bound to the sulfonium ion that comprises the aryl group (disclosed above) includes an acid labile group substitution (claimed [O-RALU]) and includes a fluorinated group as further substitution. Fukushima, in [0029]-[0033], discloses that the anion (claimed counterion) having the polymerizable group, has the following structure, see below,
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wherein X1, X2, and L4, are each either a single bond or methylene or phenylene or carbonyl or ester group and Q1, Q2, Q3, and Q4, are each fluorine or fluorinated alkyl groups and is the same as the claimed structure recited in claim 4.
The difference between the claims and Fukushima is that Fukushima does not disclose that the acid labile group is the structure recited in claim 2.
Fujiwara, in [0059]-[0060], discloses that the acid labile group that substitutes the hydrogen on the aryl group (bonded to the sulfonium cation) can include -O-C(=O)-tBu group.
Therefore, it would be obvious to a skilled artisan to modify Fukushima to use the acid labile group taught by Fujiwara, because Fukushima teaches that the substitution in the aryl group is with an acid-labile group and Fujiwara, discloses in [0092] that the acid labile group in combination with onium salt compound results in an improvement in contrast (after developing).
Response to Arguments
Applicant’s arguments, see Amendment, filed April 9, 2026, with respect to claim 1, have been fully considered and are persuasive. The 35 U.S.C. 102(a)(1) rejection made over claims 1, 3, have been withdrawn. Applicant's arguments filed April 9, 2026, with respect to claims 2, 4, have been fully considered but they are not persuasive. The 35 U.S.C. 103 rejection, made in the previous office action has been maintained. With respect to applicant’s argument that neither Fukushima nor Fujiwara is related to the technical effect that the PAG sulfonium salt has a polymerizable group in the anion portion that can be copolymerized with the base resin so as to inhibit diffusion of the generated acid, Fukushima teaches a base polymer in [0036]-[0039] wherein the base polymer is co-polymerized with the anion portion of the sulfonium salt (PAG), and will inherently inhibit the acid diffusion of the generated acid (photo generated acid by the sulfonium salt). With respect to applicant’s argument that the acid labile group taught by Fujiwara is outside the scope of the specific structure of the claimed ALU-1 or ALU-2, Fukushima teaches in [0036] the claimed sulfonium salt that has the polymerizable anion, and discloses the acid labile group that is bonded to at least one aryl group, however, Fujiwara is dependent upon to disclose the claimed acid labile group and applicant’s acid labile groups recited as ALU-1 and ALU-2 illustrates a structure wherein the (–(C=O)-O-) group can be “0” i.e., u or v can be “0”, i.e., the acid labile group can be structures such as -C-(R1R2R3) wherein C is bonded to the -O- group substituted on the aryl group, and includes structures disclosed on pages 8, 9, of Fujiwara that has the claimed acid labile groups, for instances when v and/or u = 0 in ALU-1 and ALU-2, see below,
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. Therefore, Fujiwara teaches the same claimed acid-labile groups and is within the scope of the specific structure recited, and Fukushima teaches acid labile groups, and discloses a sulfonium salt that has a polymerizable anion group, and Fukushima does not limit the PAG to a monomeric PAG, and therefore, Fukushima in view of Fujiwara discloses the claimed sulfonium salt structure.
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 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
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