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 .
Claims 1-20 are pending.
The foreign priority application No. 10-2022-0186393 filed on December 27, 2022 has been received and it is acknowledged.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 23, 2026 has been entered.
Claim Objections
Claims 1, 7, and 10 are objected to because of the following informalities:
The limitation “R18, Q1, and Q2 are each independently” in claim 1 should be amended to recite “R18 is”, This amended is suggested because Q1 and Q2 are defined at the end of the amended claim 1.
The limitation “ *-R11-(X11)n11 is represented by any one of Formula 2-9” in claim 7 should be amended to recite “ *-R11-(X11)n11 is represented by Formula 2-9”.
Claim 10 is objected to because it depends on the objected claim 1.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14, 17, 18, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, 15-18, and 20 of copending Application No. 18/620,240 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications claim the same compounds, the same photoresist composition, and the same pattern forming method.
The copending Application No. 18/620,240 claims a resist composition comprising a first organometallic compound which may be represented by the formulas:
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102
260
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100
252
media_image2.png
Greyscale
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124
260
media_image3.png
Greyscale
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100
254
media_image4.png
Greyscale
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138
256
media_image5.png
Greyscale
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92
272
media_image6.png
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and
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102
264
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, wherein n is an integer from 1 to 4 (claims 1 and 12).
The compound of formula:
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102
260
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wherein n=4 is a compound of formula 1-3 in claims 2-5, 8, and 12 of the instant application, wherein M11 is Sn, a11 to a14 are 1, L11 to L14 are single bonds, n11 to n14=1, R11 to R14 are unsubstituted C6 aryl groups, and X11 to X14 are fluorine atoms (halogen atoms).
The compound of formula:
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102
260
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wherein n=4 is a compound of formula 1-3 in claim 6 of the instant application, wherein *-R11-(X11)n11 is represented by formula 2-3, *-R12-(X12)n12 is represented by the formula 2-23, *-R13-(X13)n13 is represented by the formula 2-43, and *-R14-(X14)n14 is represented by the formula 2-63, X11c, X12c, X13c, and X14c are fluorine atoms (halogen atoms).
The compound of formula:
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102
260
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wherein n=2 is a compound of formula 1-1 in claims 2-5, 8, 9, and 12 of the instant application, wherein M11 is Sn,a11 and a12 are 1, L11 and L12 are single bonds, Y11 and Y12 are O, R15 and R16 are *-(L15)a15-X15, a15=1, L15 is C=O, X15 is a linear C1 hydrocarbon, R11 and R12 are unsubstituted C6 aryl groups, n11 and n12 are 1, X11 and X12 are fluorine atoms (halogen atoms).
Therefore, the resist composition in claims 1 and 12 of copending Application No. 18/620,240 is equivalent to the resist composition in claims 2-6, 8, 9, and 12 of the instant application.
The compound of formula:
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102
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wherein n=2 is a compound in claim 11 of the instant application.
The compound of formula:
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124
260
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wherein n=4 is a compound of formula 1-3 in claims 1, 7, and 10 of the instant application wherein M11 is Sn, a11 to a14 are 1, L11 to L14 are single bonds, *-R11-(X11)n11 is represented by formula 2-9, *-R12-(X12)n12 is represented by the formula 2-29, *-R13-(X13)n13 is represented by the formula 2-49, and *-R14-(X14)n14 is represented by the formula 2-69, X11b,X11d X12b,X12d, X13b, X13d, X14b, and X14d are fluorine atoms (halogen atoms).
The copending Application No. 18/620,240 further claims that the resist composition does not comprise a photoacid generator (claim 15), same as in claim 13 of the instant application.
The copending Application No. 18/620,240 further claims that the resist composition does not comprise a compound having a molecular weight of 1,000 or more (claim 16), same as in claim 14 of the instant application.
The copending Application No. 18/620,240 further claims a pattern forming method comprising: forming a resist film by applying the resist composition onto a substrate, exposing at least a portion of the resist film to high-energy rays to provide an exposed resist film, developing the exposed resist film using a developer (claim 17), same as in claim 17 of the instant application.
The copending Application No. 18/620,240 further claims that the exposing at least a portion of resist film is performed by irradiating the resist film using at least one of deep ultraviolet (DUV) rays, extreme ultraviolet (EUV) rays, or electron beams (EBs)(claim 18), same as in claim 18 of the instant application.
The copending Application No. 18/620,240 further claims that the exposed film includes an exposed portion and a non-exposed portion, and in the developing step the non-exposed portion is removed (claim 20), same as in claim 20 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-14, 17, 18, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 15-18, and 20 of copending Application No. 18/635,761 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications claim the same compounds, the same photoresist composition, and the same pattern forming method.
The copending Application No. 18/635,761 claims a resist composition comprising a first organometallic compound which may be represented by the formulas:
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102
260
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100
252
media_image2.png
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media_image3.png
124
260
media_image3.png
Greyscale
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100
254
media_image4.png
Greyscale
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138
256
media_image5.png
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92
272
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and
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102
264
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, wherein n is an integer from 1 to 4 (claims 1 and 7).
The compound of formula:
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102
260
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wherein n=4 is a compound of formula 1-3 in claims 2-5, 8, and 12 of the instant application, wherein M11 is Sn, a11 to a14 are 1, L11 to L14 are single bonds, n11 to n14=1, R11 to R14 are unsubstituted C6 aryl groups, and X11 to X14 are fluorine atoms (halogen atoms).
The compound of formula:
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102
260
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wherein n=4 is a compound of formula 1-3 in claim 6 of the instant application, wherein *-R11-(X11)n11 is represented by formula 2-3, *-R12-(X12)n12 is represented by the formula 2-23, *-R13-(X13)n13 is represented by the formula 2-43, and *-R14-(X14)n14 is represented by the formula 2-63, X11c, X12c, X13c, and X14c are fluorine atoms (halogen atoms).
The compound of formula:
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102
260
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wherein n=2 is a compound of formula 1-1 in claims 2-5, 8, 9, and 12 of the instant application, wherein M11 is Sn,a11 and a12 are 1, L11 and L12 are single bonds, Y11 and Y12 are O, R15 and R16 are *-(L15)a15-X15, a15=1, L15 is C=O, X15 is a linear C1 hydrocarbon, R11 and R12 are unsubstituted C6 aryl groups, n11 and n12 are 1, X11 and X12 are fluorine atoms (halogen atoms).
Therefore, the resist composition in claims 1 and 7 of copending Application No. 18/635,761 is equivalent to the resist composition in claims 2-6, 8, 9, and 12 of the instant application.
The compound of formula:
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102
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wherein n=2 is a compound in claim 11 of the instant application.
The compound of formula:
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wherein n=4 is a compound of formula 1-3 in claims 1, 7, and 10 of the instant application wherein M11 is Sn, a11 to a14 are 1, L11 to L14 are single bonds, *-R11-(X11)n11 is represented by formula 2-9, *-R12-(X12)n12 is represented by the formula 2-29, *-R13-(X13)n13 is represented by the formula 2-49, and *-R14-(X14)n14 is represented by the formula 2-69, X11b,X11d X12b,X12d, X13b, X13d, X14b, and X14d are fluorine atoms (halogen atoms).
The copending Application No. 18/635,761 further claims that the resist composition does not comprise a photoacid generator (claim 15), same as in claim 13 of the instant application.
The copending Application No. 18/635,761 further claims that the resist composition does not comprise a compound having a molecular weight of 1,000 or more (claim 16), same as in claim 14 of the instant application.
The copending Application No. 18/635,761 further claims a pattern forming method comprising: forming a resist film by applying the resist composition onto a substrate, exposing at least a portion of the resist film to high-energy rays to provide an exposed resist film, developing the exposed resist film using a developer (claim 17), same as in claim 17 of the instant application,
The copending Application No. 18/635,761 further claims that the exposing at least a portion of resist film is performed by irradiating the resist film using at least one of deep ultraviolet (DUV) rays, extreme ultraviolet (EUV) rays, or electron beams (EBs)(claim 18), same as in claim 18 of the instant application.
The copending Application No. 18/635,761 further claims that the exposed film includes an exposed portion and a non-exposed portion, and in the developing step the non-exposed portion is removed (claim 20), same as in claim 20 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-13, 15-18, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 12, 16-18, and 20 of copending Application No. 18/921,412 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications claim the same compounds, the same photoresist composition, and the same pattern forming method.
The copending Application No. 18/921,412 claims a resist composition comprising a first organometallic compound which may be represented by the formulas:
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102
260
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100
252
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124
260
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100
254
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138
256
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92
272
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and
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, wherein n is an integer from 1 to 4 (claims 1 and 5).
The resist composition further comprises a solvent comprising an aprotic polar solvent (claims 1 and 12).
The compound of formula:
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102
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wherein n=4 is a compound of formula 1-3 in claims 2-5, 8, and 12 of the instant application, wherein M11 is Sn, a11 to a14 are 1, L11 to L14 are single bonds, n11 to n14=1, R11 to R14 are unsubstituted C6 aryl groups, and X11 to X14 are fluorine atoms (halogen atoms).
The compound of formula:
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102
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wherein n=4 is a compound of formula 1-3 in claim 6 of the instant application, wherein *-R11-(X11)n11 is represented by formula 2-3, *-R12-(X12)n12 is represented by the formula 2-23, *-R13-(X13)n13 is represented by the formula 2-43, and *-R14-(X14)n14 is represented by the formula 2-63, X11c, X12c, X13c, and X14c are fluorine atoms (halogen atoms).
The compound of formula:
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102
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wherein n=2 is a compound of formula 1-1 in claims 2-5, 8, 9, and 12 of the instant application, wherein M11 is Sn,a11 and a12 are 1, L11 and L12 are single bonds, Y11 and Y12 are O, R15 and R16 are *-(L15)a15-X15, a15=1, L15 is C=O, X15 is a linear C1 hydrocarbon, R11 and R12 are unsubstituted C6 aryl groups, n11 and n12 are 1, X11 and X12 are fluorine atoms (halogen atoms).
Therefore, the resist composition in claims 1, 5, and 12 of copending Application No. 18/921,412 is equivalent to the resist composition in claims 2-6, 8, 9, 12, 15, and 16 of the instant application.
The compound of formula:
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wherein n=2 is a compound in claim 11 of the instant application.
The compound of formula:
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wherein n=4 is a compound of formula 1-3 in claims 1, 7, and 10 of the instant application wherein M11 is Sn, a11 to a14 are 1, L11 to L14 are single bonds, *-R11-(X11)n11 is represented by formula 2-9, *-R12-(X12)n12 is represented by the formula 2-29, *-R13-(X13)n13 is represented by the formula 2-49, and *-R14-(X14)n14 is represented by the formula 2-69, X11b,X11d X12b,X12d, X13b, X13d, X14b, and X14d are fluorine atoms (halogen atoms).
The copending Application No. 18/921,412 further claims that the resist composition does not comprise a photoacid generator (claim 16), same as in claim 13 of the instant application.
The copending Application No. 18/921,412 further claims a pattern forming method comprising: forming a resist film by applying the resist composition onto a substrate, exposing at least a portion of the resist film to high-energy rays to provide an exposed resist film, developing the exposed resist film using a developer (claim 17), same as in claim 17 of the instant application,
The copending Application No. 18/921,412 further claims that the exposing at least a portion of resist film is performed by irradiating the resist film using at least one of deep ultraviolet (DUV) rays, extreme ultraviolet (EUV) rays, or electron beams (EBs)(claim 18), same as in claim 18 of the instant application.
The copending Application No. 18/921,412 further claims that the exposed film includes an exposed portion and a non-exposed portion, and in the developing step the non-exposed portion is removed (claim 20), same as in claim 20 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraph of 35 U.S.C. 102 that forms 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, 7, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cardinali et al. (WO 2017/055263).
With regard to claims 1, 7, and 10, Cardinali et al. teach the compound of formula:
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174
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(page 64), which is an organometallic compound of formula 1-3, wherein M11 is Sn, a11 to a14 are 1, L11 to L14 are single bonds, *-R11-(X11)n11 is represented by formula 2-2, *-R12-(X12)n12 is represented by the formula 2-22, *-R13-(X13)n13 is represented by the formula 2-42, and *-R14-(X14)n14 is represented by the formula 2-62, X11c, X12c, X13c, and X14c are bromine atoms (halogen atoms).
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukumoto et al. (US Patent 4,657,838).
With regard to claims 1 and 7, Fukumoto et al. teach the compound (e-12):
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(column 20, lines 25-35), which is an organometallic compound of formula 1-2, wherein M11 is Sn, Y11 is O, R15 is –(L15)a15X15, L15 is CRaRb, Ra and Rb are hydrogen atoms, a15=1, X15 is a linear monovalent C11 hydrocarbon group, a11 to a13 are 1, L11 to L13 are single bonds, *-R11-(X11)n11 is represented by formula 2-3, *-R12-(X12)n12 is represented by the formula 2-23, *-R13-(X13)n13 is represented by the formula 2-43, X11c, X12c, X13c are linear monovalent C1 hydrocarbon groups.
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuang et al. (“Synthesis and Crystal Structure of Tetra(o-cyanobenzyl)tin”).
With regard to claims 1 and 7, Kuang et al. teach tetra(o-cyanobenzyl)tin of formula:
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, which is an organometallic compound of formula 1-3, wherein M11 is Sn, a11 to a14 are 1, L11 to L14 are linear C1 divalent hydrocarbon groups, *-R11-(X11)n11 is represented by formula 2-1, *-R12-(X12)n12 is represented by the formula 2-21, *-R13-(X13)n13 is represented by the formula 2-41, and *-R14-(X14)n14 is represented by the formula 2-61, X11c, X12c, X13c, and X14c cyano groups.
Claims 1, 7, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tan et al. (“Syntheses, Structures and Anticancer Activities of Two Tri(o-halobenzyl)tin Substituted Benzoates”).
Witth regard to claims 1, 7, and 10, Tan et al. teach tri(o-chlorobenzyl)tin 2,4,6-trimethylbenzoate and tri(o-bromobenzyl)tin salicylate (abstract).
Tri(o-chlorobenzyl)tin 2,4,6-trimethylbenzoate is represented by the formula:
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and it is an organometallic compound of formula 1-2, wherein M11 is Sn, Y11 is O, R15 is -(L15)a15X15, L15 is C=O, a15=1, X15 is a substituted cyclic monovalent C6 hydrocarbon group, a11 to a13 are 1, L11 to L13 are divalent linear C1 hydrocarbon groups, *-R11-(X11)n11 is represented by formula 2-1, *-R12-(X12)n12 is represented by the formula 2-21, *-R13-(X13)n13 is represented by the formula 2-41, , X11c, X12c, and X13c are halogen atoms.
Tri(o-bromobenzyl)tin salicylate is represented by the formula:
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, and it is an organometallic compound of formula 1-2, wherein M11 is Sn, Y11 is O, R15 is -(L15)a15X15, L15 is C=O, a15=1, X15 is a substituted cyclic monovalent C6 hydrocarbon group, a11 to a13 are 1, L11 to L13 are divalent linear C1 hydrocarbon groups, *-R11-(X11)n11 is represented by formula 2-1, *-R12-(X12)n12 is represented by the formula 2-21, *-R13-(X13)n13 is represented by the formula 2-41, , X11c, X12c, and X13c are halogen atoms.
The examiner would like to note that the par.0078-0079 allows for X15 to be a substituted aryl group.
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The examiner would like to note that:
-the rejection of claims 1, 2, 4-8, and 10 under 35 U.S.C. 102(a)(1) as being anticipated by Levashov et al. (“Lewis acid promoted direct synthesis of tetraalkynylstannates”) is withdrawn after the applicant’s amendment to claim 1;
-the rejection of claims 1-9 under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 108864174 B) is withdrawn after the applicant’s amendment to claim 1.
However, new grounds of rejection for claims 1-18 and 20 are presented in paragraphs 6-14 above.
Conclusion
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/ANCA EOFF/Primary Examiner, Art Unit 1722
Prosecution Insights