Prosecution Insights
Last updated: August 16, 2026
Application No. 18/317,019

Novel Sulfonium Salt, Resist Composition, And Patterning Process

Final Rejection §102
Filed
May 12, 2023
Priority
May 17, 2022 — JP 2022-81146
Examiner
CHACKO DAVIS, DABORAH
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shin-Etsu Chemical Co., Ltd.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
710 granted / 988 resolved
+6.9% vs TC avg
Strong +21% interview lift
Without
With
+20.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
35 currently pending
Career history
1023
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
35.9%
-4.1% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
25.4%
-14.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 988 resolved cases

Office Action

§102
And 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, and 3-16, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U. S. Patent Application Publication No. 2021/0055652 (hereinafter referred to as Hatakeyama). Hatakeyama, in the abstract, and in [0013]-[0014], discloses a resist composition that comprises an acid generator ([0036], photoacid generator) that contains a sulfonium salt, see below, PNG media_image1.png 106 445 media_image1.png Greyscale , wherein the aryl group bonded to the sulfonium ion, includes an acid labile substitution in the claimed manner wherein the acid labile group substitution includes an ether or carbonyl or ester bond, i.e., the X3 (claimed [O-RALU]) can be an oxygen, and is bonded to R1 (claimed Rf), wherein the R1 is a single bond and may contain an ether or ester or hydroxyl moiety (see [0047]). The R2 groups can include aryl groups (hydrocarbyl groups). The aryl group, illustrated above includes other substitution such as R3 that includes fluorine or fluorinated hydrocarbyl (see [0055]), and is the same as the claimed Rf , and includes the structures, see below, PNG media_image2.png 135 135 media_image2.png Greyscale , PNG media_image3.png 125 151 media_image3.png Greyscale , PNG media_image4.png 222 144 media_image4.png Greyscale , PNG media_image5.png 241 149 media_image5.png Greyscale and discloses the same claimed [O-RALU] group. Hatakeyama, in [0014], discloses that the X- is a non-nucleophilic counter ion such as a fluorinated sulfonate or a fluorinated imide or fluorinated methide ion and is the same counter ion as that recited (not polymerizable group) (claims 1-6). Hatakeyama, in [0015]-[0016], and in [0086]-0089], discloses that the base polymer in the resist composition includes the following recurring units (a1) and (a2), and is the same as the claimed repeating units, see (a1) and (a2) below, PNG media_image6.png 136 95 media_image6.png Greyscale PNG media_image7.png 153 131 media_image7.png Greyscale , wherein the R11 and R12, are acid labile groups ([0091]), and discloses the same repeating units (see [0086]-[0094]) (claim 7). Hatakeyama, in [0095] and [0096], discloses that the base polymer further comprises recurring units that include, see below, PNG media_image8.png 125 98 media_image8.png Greyscale and is the same as the claimed (b1), and PNG media_image9.png 141 96 media_image9.png Greyscale and is the same as the claimed (b2) (claim 8). Hatakeyama, in [0099]-[0103], discloses that the base polymer includes repeating units (f) that are polymer bound onium salt, see below, PNG media_image10.png 107 130 media_image10.png Greyscale , PNG media_image11.png 147 168 media_image11.png Greyscale , PNG media_image12.png 113 159 media_image12.png Greyscale wherein Z1 can be a hydrocarbylene group or phenylene group that contains a carbonyl or ester bond, Z2 can be a single bond or carbonyl group, and Z3 is a single bond or methylene or ethylene or phenylene groups that may contain a carbonyl moiety and is the same as the claimed repeating units recited in claim 9. Hatakeyama, in [0120], discloses that the resist composition includes an organic solvent and other components such as an onium salt (see [0125]-[0128]), that includes the following structures, see below, PNG media_image13.png 73 173 media_image13.png Greyscale wherein R101, and R102 , are hydrocarbyl groups (see [0127]) (claim 11). Hatakeyama, in [0020], and [0124], discloses that the resist composition includes a surfactant and an amine compound (claims 13-14). Hatakeyama, in [0021]-[0020], discloses that the resist composition is applied to a substrate to form a resist film, exposing the resist film to high energy radiation such as DUV, or EB or EUV, and developing the exposed resist film in a developer (claims 15-16). Response to Arguments Applicant's arguments filed April 15, 2026, have been fully considered but they are not persuasive. The 35 U.S.C. 102(a)(1) rejection made over pending claims has been maintained. The Terminal Disclaimer filed April 15, 2026, has overcome the nonstatutory double patenting rejection made over claims 1-16 in the previous office action. With respect to applicant’s argument that Hatakeyama does not disclose the claimed ALU groups, and that the compounds by Hatakeyama falls outside the scope of the amended claim 1, Hatakeyama, in [0041]-[0047], and [0055], discloses the general formula of the sulfonium salt, see below, PNG media_image14.png 146 604 media_image14.png Greyscale wherein X3 can be an ether bond i.e., -O-, and R1 can be a branched alkyl and includes a t-butyl group (claimed C(R21, R22, and R23)), and R3 (same as the claimed Rf) can be a fluorine atom and applicant’s ALU groups recite that “u” and “v” can be zero, and that claimed R22 is a hydrocarbyl with an optional substituent. For ALU groups, when “v” and/or “u” =0, the ALU groups, as discussed in the preceding sentence, is within scope of the claimed sulfonium salt structure recited in the claim. Therefore, the rejection is maintained. 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 June 17, 2026.
Read full office action

Prosecution Timeline

May 12, 2023
Application Filed
Jan 21, 2026
Non-Final Rejection mailed — §102
Apr 15, 2026
Response Filed
Jun 23, 2026
Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
72%
Grant Probability
93%
With Interview (+20.7%)
3y 4m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 988 resolved cases by this examiner. Grant probability derived from career allowance rate.

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