DETAILED ACTION
Claims 1-6 and 8-26 are pending. Claims 1 and 8-11 have been amended and claim 7 has been canceled.
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 based on an application filed in Japan on June 10, 2022. It is noted, however, that applicant has not filed a certified copy of the JP2022-094363 application as required by 37 CFR 1.55.
Claim Objections
Claim 12 is objected to because of the following informalities: Claim 12 recites the following incomplete structures:
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. 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 1-6, 8-14, 16-20, and 22-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 5-14 of U.S. Patent No. 9,728,420. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to underlayer film material comprising a compound or resin having a phenolic hydroxy group, a base generator, a solvent, a crosslinking agent, and a surfactant. Formula (4) of ‘420 when defined as: Q1 is a substituted phenyl group and/or naphthyl group,
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encompass the instantly claimed compound having a phenolic hydroxy group represented by general formula (7) when formula (8) is any one of formula (10) to (12), formula (9) is formula (13) or (14), and W represents formula (15) where W1 represents
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, R15 is a hydrogen atom, and Y is a carbonyl group. The acid generator in claim 5 of ‘420 encompasses the instantly claimed base generator. Claims 6-14 of ‘420 encompass instant claims 16-20 and 22-25.
Claims 1-6 and 8-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12,147,160. Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant claims and patented claims are directed to underlayer film material comprising a compound or resin having a phenolic hydroxy group, a base generator, a solvent, a crosslinking agent, a surfactant, a plasticizer, and colorant. Formula (1) of ‘160 encompasses the instantly claimed compound having a phenolic hydroxy group, specifically formula (7) when formula (8) is any one of formula (10) to (12), formula (9) is formula (13) or (14), and W represents formula (15). The acid generator in claim 3 of ‘160 encompasses the instantly claimed base generator. Claims 4-11 of ‘160 encompass instant claims 16-26.
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.
Claims 1-6 and 8-26 are rejected under 35 U.S.C. 103 as being unpatentable over Kori et al. (U.S. 2022/0163890), incorporating Hatakeyama et al. (JP2007199653) by reference. Translation previously provided. ‘890 corresponds to U.S. Patent No. 12,147,160 above.
Kori et al. teaches a resist underlayer film material for use in a multilayer resist method, comprising: (A) one or more compounds shown by the following general formula (1); and (B) an organic solvent [0078-0080] (claim 1) wherein a specific example of general formula (1) includes the following compound 2:
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[0200] which has a weight-average molecular weight of 1120 [0200] (claim 2) which is equivalent to a compound having a phenolic hydroxy group represented by general formula (7) of instant claims 1 and 8 when n is 2 where a is 0.918 and b is 0.082, one Y is represented by formula (8), specifically formula (10) of instant claim 9, the other Y is represented by formula (9), specifically formula (13) of instant claim 10, and W is represented by general formula (15) of instant claim 11 when R15 is a hydrogen atom, Y is a carbonyl group, and W1 is
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of instant claim 12. Kori et al. also teaches the organic solvent is preferably a mixture of one or more organic solvents each having a boiling point of lower than 180°C and one or more organic solvents each having a boiling point of 180°C or higher [0115] (claim 13). Kori et al. further teaches in the inventive resist underlayer film material, (C) an acid generator can be added so as to further promote the curing reaction. The acid generator includes a material that generates an acid by thermal decomposition, and a material that generates an acid by light irradiation. Any acid generator can be added. Specifically, materials disclosed in paragraphs [0061] to [0085] of JP 2007-199653 A (Hatakeyama) can be added, but the present invention is not limited thereto [0120] (claims 1 and 3). Hatakeyama et al. teaches examples of the acid generators used in the present invention include onium salts of the following general formula (P1a-1), (P1a-2), (P1a-3) [0062]:
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[0063] wherein R101a, R101b, R101c represents a linear, branched, or cyclic alkyl group, alkenyl group, oxoalkyl group, or oxoalkenyl group having 1 to 12 carbon atoms, an aryl group having 6 to 20 carbon atoms, or an aralkyl group or aryloxoalkyl group having 7 to 12 carbon atoms, and a part or all of hydrogen atoms of these groups may be substituted with an alkoxy group or the like, R101b and R101c may form a ring, and in a case where a ring is formed, R101b, R101c represents an alkylene group having 1 to 6 carbon atoms, and K- represents a non-nucleophilic counter ion [0063] in which examples of the non-nucleophilic counter ion represented by K- include halide ions such as a chloride ion and a bromide ion, arylsulfonates such as tosylate, benzenesulfonate and alkylsulfonates such as mesylate and butanesulfonate [0064], e.g. p-tolylsulfonyloxy tetramethylammonium salt, p-tolylsulfonyloxy diphenyliodonium, triphenylsulfonium butanesulfonate, p-tolylsulfonyloxy(p-tert-butoxyphenyl ester)diphenylsulfonium, p-tolylsulfonyloxy bis(p-tert-butoxyphenyl ester)phenylsulfonium, p-tolylsulfonyloxy trimethylsulfonium p-tolylsulfonyloxy tris(p-tert-butoxyphenyl ester)sulfonium, p-tolylsulfonyloxy triphenylsulfonium, p-tolylsulfonyloxy dimethylphenylsulfonium, and p-tolylsulfonyloxy dicyclohexylphenyl sulfonium [0077] which are equivalent to a base generator of instant claim 1, specifically any one of formulae (1) to (3) of instant claims 4 and 5 when R01-R09 are linear or cyclic alkyl groups having 1-10 carbon atoms or aryl groups having 6 carbon atoms and X- is a chloride ion, a bromide ion, formula (5) when R11 is an aryl group having 6-7 carbon atoms, or formula (6) when R12 and R13 are hydrogen atoms and R4 is a hydrogen atom or a linear hydrocarbon group having 3 carbon atoms in which the conjugate acids hydrogen chloride, hydrogen bromide, toluenesulfonic acid, benzenesulfonic acid, methanesulfonic acid, and butanesulfonic acid are known to have boiling points of -85°C, -66°C, 140°C, 190°C, 167C, and 134°C respectively (claim 6). Kori et al. also teaches the present invention will be specifically described with reference to Examples and Comparative Examples. However, the present invention is not limited thereto [0194] and it should be noted that the present invention is not limited to the above-described embodiments. The embodiments are just examples, and any examples that have substantially the same feature and demonstrate the same functions and effects as those in the technical concept disclosed in claims of the present invention are included in the technical scope of the present invention [0229]. Kori et al. further teaches an object of the present invention is to provide: a resist underlayer film material in a fine patterning process by a multilayer resist method in a semiconductor device manufacturing process, where the resist underlayer film material makes it possible to form a resist underlayer film excellent in flatness and film-formability even on a substrate to be processed having portions that are particularly difficult to planarize such as a wide trench structure, and the material further has an appropriate etching property and optical characteristics; a patterning process in which the material is used; and a method for forming a resist underlayer film [0014].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Kori et al. to include an acid generator such as those in Hatakeyama which are incorporated by reference through routine experimentation of combining equally suitable components for the sought invention in order to achieve optimum flatness, and film-formability.
With regard to claims 14 and 15, Kori et al. teaches to the inventive resist underlayer film material, (D) a surfactant can be added so as to enhance the coating property in spin-coating [0122], (F) a plasticizer can be added so as to enhance the planarizing and filling properties further [0138], (G) a colorant can be added so as to enhance the resolution during patterning in multilayer lithography further [0139] and (E) a crosslinking agent can also be added so as to increase the curability and to further suppress intermixing with an upper layer film [0123] (claim 14) and specific examples of the crosslinking agents include compounds shown by the following general formula (10) [0133]:
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[0133] wherein Q represents a single bond or a hydrocarbon group with a valency of “q” having 1 to 20 carbon atoms. R2 represents a hydrogen atom or an alkyl group having 1 to 20 carbon atoms. “q” represents an integer of 1 to 5 [0134] which is equivalent to a crosslinker (E) represented by general formula (16) of instant claim 15.
With regard to claims 16-26, Kori et al. teaches the present invention provides a patterning process for forming a pattern in a substrate to be processed, including the steps of: (I-1) applying the above-described resist underlayer film material on the substrate to be processed and then performing a heat treatment to form a resist underlayer film; (I-2) forming a resist upper layer film on the resist underlayer film by using a photoresist material; (I-3) subjecting the resist upper layer film to pattern exposure and then to development with a developer to form a pattern in the resist upper layer film; (I-4) transferring the pattern to the resist underlayer film by dry etching while using the resist upper layer film having the formed pattern as a mask; and (I-5) processing the substrate to be processed while using the resist underlayer film having the formed pattern as a mask to form the pattern in the substrate to be processed (2-layer resist process). Furthermore, the present invention provides a patterning process for forming a pattern in a substrate to be processed, including the steps of: (II-1) applying the above-described resist underlayer film material on the substrate to be processed and then performing a heat treatment to form a resist underlayer film; (II-2) forming a resist middle layer film on the resist underlayer film; (II-3) forming a resist upper layer film on the resist middle layer film by using a photoresist material; (II-4) subjecting the resist upper layer film to pattern exposure and then to development with a developer to form a pattern in the resist upper layer film; (II-5) transferring the pattern to the resist middle layer film by dry etching while using the resist upper layer film having the formed pattern as a mask; (II-6) transferring the pattern to the resist underlayer film by dry etching while using the resist middle layer film having the transferred pattern as a mask; and (II-7) processing the substrate to be processed while using the resist underlayer film having the formed pattern as a mask to form the pattern in the substrate to be processed (3-layer resist process). Additionally the present invention provides a patterning process for forming a pattern in a substrate to be processed, including the steps of: (III-1) applying the above-described resist underlayer film material on the substrate to be processed and then performing a heat treatment to form a resist underlayer film; (III-2) forming an inorganic hard mask middle layer film selected from a silicon oxide film, a silicon nitride film, and a silicon oxynitride film on the resist underlayer film; (III-3) forming an organic thin film on the inorganic hard mask middle layer film; (III-4) forming a resist upper layer film on the organic thin film by using a photoresist material; (III-5) subjecting the resist upper layer film to pattern exposure and then to development with a developer to form a pattern in the resist upper layer film; (III-6) transferring the pattern to the organic thin film and the inorganic hard mask middle layer film by dry etching while using the resist upper layer film having the formed pattern as a mask; (III-7) transferring the pattern to the resist underlayer film by dry etching while using the inorganic hard mask middle layer film having the transferred pattern as a mask; and (III-8) processing the substrate to be processed while using the resist underlayer film having the formed pattern as a mask to form the pattern in the substrate to be processed (4-layer resist process) [0140-0162]. Kori et al. also teaches when an inorganic hard mask middle layer film is formed on the resist underlayer film as described above, a silicon oxide film, a silicon nitride film, or a silicon oxynitride film (SiON film) is formed by a CVD method, an ALD method, or the like [0168]. Kori et al. further teaches the inventive patterning processes are also suitable for processing a stepped substrate having a structure or a step with a height of 30 nm or more [0176]. Kori et al. also teaches the present invention provides a method for forming a resist underlayer film that functions as an organic flat film employed in a semiconductor device manufacturing process, the method including: spin-coating a substrate to be processed with the above-described resist underlayer film material; and heating the substrate coated with the resist underlayer film material at a temperature of 100°C or higher to 600°C or lower for 10 to 600 seconds to form a cured film. In addition, the present invention provides a method for forming a resist underlayer film that functions as an organic flat film employed in a semiconductor device manufacturing process, the method including: spin-coating a substrate to be processed with the above-described resist underlayer film material; and heating the substrate coated with the resist underlayer film material in an atmosphere having an oxygen concentration of 1% or more to 21% or less to form a cured film. Alternatively, the present invention provides a method for forming a resist underlayer film that functions as an organic flat film employed in a semiconductor device manufacturing process, the method including: spin-coating a substrate to be processed with the above-described resist underlayer film material; and heating the substrate coated with the resist underlayer film material in an atmosphere having an oxygen concentration of less than 1% to form a cured film [0182-0190]. Kori et al. further teaches each of the resist underlayer film materials (UDL-1 to -18, comparative UDL-1 to -5) prepared above were applied onto each of a Bare-Si substrate, a substrate treated with hexamethyldisilazane (HMDS), and a substrate treated with SiON, which are shown in Table 10, and baked at 250°C for 60 seconds to form a resist underlayer film with a film thickness of 100 nm [0206] in which a hexamethyldisilazane (HDMS)-treated substrate has a static contact angle with respect to water of 50° or more based on page 90 of instant specification.
Claims 1-6, 8-14, and 16-26 are rejected under 35 U.S.C. 103 as being unpatentable over Kori et al. (U.S. 9,728,420), incorporating Hatakeyama et al. (JP2007199653) by reference.
Kori et al. teaches an organic film composition comprising a compound represented by the following general formula (1) [col 10 lines 40-42]:
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[col 10 line 45] wherein n1 and n2 can be 1, m1 and m2 can be 1, W can be
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[col 10 lines 52-60],
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[col 11 line 20], and Q1 can be a substituted phenyl group and/or naphthyl group [col 11 lines 36-39], and illustrative examples of the substituent include a hydrocarbon group and a hydroxyl group [col 20 lines 21-22] moreover, the compound represented by the general formula (1) preferably has two or more Q1 in the molecule [col 20 lines 27-28] one or both can be of the following general formula (7):
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[col 20 line 40] wherein n5 can be 0 or 1, n3 can be 1 or 2 where Rj can be a hydrogen atom or a linear hydrocarbon group having 3 carbon atoms, and n4 can be 0 [col 20 lines 49-59], e.g. one general formula (7) is defined as: n3 is 2, n4 is 0, and n5 is 0, and the other general formula (7) is defined as:
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seen in synthesis example 8 [col 45-46]. Kori et al. also teaches in synthesis example 15 a compound comprising a 50:50 ratio of two aromatic rings representative of Kori’s formula (7) [col 51-52]. Thus, when formula (1) of Kori et al. has two Q1 represented by formula (7) as defined above it is equivalent to a compound having a phenolic hydroxy group represented by general formula (7) of instant claims 1 and 8 when formula (8) is represented by general formula (10) of instant claim 9, general formula (9) is represented by general formula (13) of instant claim 10, and W represents general formula (15) of instant claim 11 where W1 represents
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of instant claim 12, R15 is a hydrogen atom, Y is a carbonyl group, and 0.70 ≤ a ≤ 0.99 and 0.01 ≤ b ≤ 0.30. Kori et al. also teaches all of the compounds synthesized in the examples have a molecular weight ranging from 760-1890 [col 41-col 54]. Thus, one of ordinary skill in the art would expect the compound described above to have a molecular weight of 3,000 or less, absent any evidence to the contrary (claim 2). Kori et al. further teaches into the organic film composition of the present invention, (A) an acid generator and (B) a cross-linking agent can be added to further accelerate a thermal cross-linking reaction. As (A) the acid generators, it is possible to add any of the one which generates an acid by thermal decomposition and the one which generates an acid by light irradiation. Specifically, compositions described in paragraphs (0061) to (0085) of JP 2007-199653A (Hatakeyama) can be added. As (B) the cross-linking agent usable for the organic film composition of the present invention, materials described in paragraphs (0055) to (0060) of JP 2007-199653A (Hatakeyama) can be added [col 30 lines 25-36] (claims 1, 3, and 14). Hatakeyama et al. teaches examples of the acid generators used in the present invention include onium salts of the following general formula (P1a-1), (P1a-2), (P1a-3) [0062]:
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[0063] wherein R101a, R101b, R101c represents a linear, branched, or cyclic alkyl group, alkenyl group, oxoalkyl group, or oxoalkenyl group having 1 to 12 carbon atoms, an aryl group having 6 to 20 carbon atoms, or an aralkyl group or aryloxoalkyl group having 7 to 12 carbon atoms, and a part or all of hydrogen atoms of these groups may be substituted with an alkoxy group or the like, R101b and R101c may form a ring, and in a case where a ring is formed, R101b, R101c represents an alkylene group having 1 to 6 carbon atoms, and K- represents a non-nucleophilic counter ion [0063] in which examples of the non-nucleophilic counter ion represented by K- include halide ions such as a chloride ion and a bromide ion, arylsulfonates such as tosylate, benzenesulfonate and alkylsulfonates such as mesylate and butanesulfonate [0064], e.g. p-tolylsulfonyloxy tetramethylammonium salt, p-tolylsulfonyloxy diphenyliodonium, triphenylsulfonium butanesulfonate, p-tolylsulfonyloxy(p-tert-butoxyphenyl ester)diphenylsulfonium, p-tolylsulfonyloxy bis(p-tert-butoxyphenyl ester)phenylsulfonium, p-tolylsulfonyloxy trimethylsulfonium p-tolylsulfonyloxy tris(p-tert-butoxyphenyl ester)sulfonium, p-tolylsulfonyloxy triphenylsulfonium, p-tolylsulfonyloxy dimethylphenylsulfonium, and p-tolylsulfonyloxy dicyclohexylphenyl sulfonium [0077] which is equivalent to a base generator of instant claim 1, specifically any one of formulae (1) to (3) of instant claims 4 and 5 when R01-R09 are linear or cyclic alkyl groups having 1-10 carbon atoms or aryl groups having 6 carbon atoms and X- is a chloride ion, a bromide ion, formula (5) when R11 is an aryl group having 6-7 carbon atoms, or formula (6) when R12 and R13 are hydrogen atoms and R4 is a hydrogen atom or a linear hydrocarbon group having 3 carbon atoms in which the conjugate acids hydrogen chloride, hydrogen bromide, toluenesulfonic acid, benzenesulfonic acid, methanesulfonic acid, and butanesulfonic acid are known to have boiling points of -85°C, -66°C, 140°C, 190°C, 167C, and 134°C respectively (claim 6). Kori et al. also teaches the present invention is explained in more detail by referring to Synthesis Examples, Comparative Synthesis Examples, Examples and Comparative Examples, but the present invention is not limited thereto [col 36 lines 22-25] and it should be noted that the present invention is not limited to the foregoing embodiments. The embodiment is just an exemplification, and any examples that have substantially the same feature and demonstrate the same functions and effects as those in the technical concept described in claims of the present invention are included in the technical scope of the present invention [col 64 line 58-col 65 line 3]. Kori et al. further teaches By using the inventive organic film composition to form a multilayer resist film which is applied to a fine processing in the manufacturing step of a semiconductor apparatus and so on, it is possible to provide a resist under layer film composition for forming a resist under layer film having both of high dry etching resistance and high filling/planarizing characteristics. It is also possible to provide a planarizing composition for manufacturing a semiconductor apparatus with excellent filling/planarizing characteristics applicable to planarization in the manufacturing step of a semiconductor apparatus other than multilayer resist processes [col 6 lines 5-15].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific teachings of Kori et al. to include an acid generator such as those in Hatakeyama which are incorporated by reference through routine experimentation of combining equally suitable components for the sought invention in order to achieve optimum dry etching resistance and filling/planarizing characteristics.
With regard to claims 13 and 14, Kori et al. teaches as (D) the organic solvent usable in the organic film composition of the present invention, those which can dissolve (A) an acid generator, (B) a cross-linking agent, and (C) a surfactant are preferred. Specifically, the solvents described in paragraphs (0091) to (0092) of JP 2007-199653A can be added. Of these, propylene glycol monomethyl ether acetate, propylene glycol monomethyl ether, 2-heptanone, cyclopentanone, cyclohexanone, γ-butyrolactone, and a mixture of two or more kinds of these solvents are preferably used [col 30 lines 42-51] in which PGMEA is known to have a boiling point of 145°C, PGME is known to having a boiling point of 120°C, and γ-butyrolactone is known to have a boiling point of 204°C. Kori et al. also teaches further, into the organic film composition of the present invention, (C) a surfactant can be added to improve coating property in spin coating [col 30 lines 37-39].
With regard to claims 16-20 and 21-25, Kori et al. teaches the present invention also provides a process for forming an organic film which is used as a resist under layer film of a multilayer resist film used in lithography or a planarizing film for manufacturing a semiconductor apparatus, comprising: coating a substrate to be processed with the foregoing organic film composition, and subjecting the organic film composition to heat treatment at a temperature of 100°C or higher and 600°C or lower for 10 to 600 seconds to form a cured film. The present invention also provides a process for forming an organic film which is used as a resist under layer film of a multilayer resist film used in lithography or a planarizing film for manufacturing a semiconductor apparatus, comprising: coating a substrate to be processed with the foregoing organic film composition, and baking the organic film composition under an atmosphere with an oxygen concentration of 0.1% or more and 21% or less to form a cured film. The inventive organic film composition is excellent in filling/planarizing characteristics, so that it is particularly useful for forming a planarizing organic film on the substrate having a structure or step(s) each with a height of 30 nm or more. The present invention also provides a patterning process which is a process for forming a pattern on a substrate to be processed, comprising at least the steps of: forming a resist under layer film on the substrate to be processed by using the foregoing organic film composition; forming a resist middle layer film on the resist under layer film by using a resist middle layer film composition containing a silicon atom; forming a resist upper layer film on the resist middle layer film by using a resist upper layer film composition comprising a photoresist composition, to form a multilayer resist film; forming a resist pattern on the resist upper layer film by exposing a pattern circuit region of the resist upper layer film and then developing the same with a developer; forming a resist middle layer film pattern by etching the resist middle layer film using the obtained resist pattern as an etching mask; forming a resist under layer film pattern by etching the resist under layer film using the obtained resist middle layer film pattern as an etching mask; and further forming a pattern on the substrate to be processed by etching the substrate to be processed using the obtained resist under layer film pattern as an etching mask. In such a multilayer resist process, the patterning process using the inventive organic film composition can form a fine pattern on the substrate to be processed with high precision. In this case, the step of etching the resist under layer film using the obtained resist middle layer film as an etching mask is preferably performed by using an etching gas mainly comprising an oxygen gas or a hydrogen gas. The present invention also provides a patterning process which is a process for forming a pattern on a substrate to be processed, comprising at least the steps of: forming a resist under layer film on the substrate to be processed by using the foregoing organic film composition; forming an inorganic hard mask middle layer film selected from any one of a silicon oxide film, a silicon nitride film, and a silicon oxynitride film on the resist under layer film; forming a resist upper layer film on the inorganic hard mask middle layer film by using a resist upper layer film composition comprising a photoresist composition, to form a multilayer resist film; forming a resist pattern on the resist upper layer film by exposing a pattern circuit region of the resist upper layer film and then developing the same with a developer; forming an inorganic hard mask middle layer film pattern by etching the inorganic hard mask middle layer film using the obtained resist pattern as an etching mask; forming a resist under layer film pattern by etching the resist under layer film using the obtained inorganic hard mask middle layer film pattern as an etching mask; and further forming a pattern on the substrate to be processed by etching the substrate to be processed using the obtained resist under layer film pattern as an etching mask. Further, the present invention provides a patterning process which is a process for forming a pattern on a substrate to be processed, comprising at least the steps of: forming a resist under layer film on the substrate to be processed by using the foregoing organic film composition; forming an inorganic hard mask middle layer film selected from any one of a silicon oxide film, a silicon nitride film, and a silicon oxynitride film on the resist under layer film; forming an organic antireflection film on the inorganic hard mask middle layer film; forming a resist upper layer film on the organic antireflection film by using a resist upper layer film composition comprising a photoresist composition, to form a multilayer resist film; forming a resist pattern on the resist upper layer film by exposing a pattern circuit region of the resist upper layer film and then developing the same with a developer; forming an inorganic hard mask middle layer film pattern by etching the organic antireflection film and the inorganic hard mask middle layer film using the obtained resist pattern as an etching mask; forming a resist under layer film pattern by etching the resist under layer film using the obtained inorganic hard mask middle layer film pattern as an etching mask; and further forming a pattern on the substrate to be processed by etching the substrate to be processed using the obtained resist under layer film pattern as an etching mask [col 6 line 16-col 8 line 12]. Kori et al. also teaches in the patterning process of the present invention, the inorganic hard mask middle layer film can be formed by a CVD method or an ALD method [col 8 lines 33-35].
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kori et al. (U.S. 9,728,420) as applied to claim 1 above, and further in view of Minegishi et al. (U.S. 2012/0181251).
With regard to claim 15, Kori et al. teaches into the organic film composition of the present invention, (A) an acid generator and (B) a cross-linking agent can be added to further accelerate a thermal cross-linking reaction. As (B) the cross-linking agent usable for the organic film composition of the present invention, materials described in paragraphs (0055) to (0060) of JP 2007-199653A (Hatakeyama) can be added [col 30 lines 25-36]. Hatakeyama et al. teaches specific examples of the crosslinking agent that can be used in the present invention include melamine compounds, guanamine compounds, glycoluril compounds, or urea compounds substituted with at least one group selected from a methylol group, an alkoxymethyl group, and an acyloxymethyl group, epoxy compounds, thioepoxy compounds, isocyanate compounds, azide compounds, and compounds containing a double bond such as an alkenyl ether group [0056]. Neither Kori et al. nor Hatakeyama teach a crosslinking agent represented by general formula (16).
However, Minegishi et al. teaches a resist underlayer film-forming composition includes a base component and a crosslinking agent. The crosslinking agent includes a partial structure represented by a general formula (i) [0010] such as the following compound (B-1):
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102
256
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[0196] which is equivalent to general formula (16) of instant claim 15 when q is 2, Q is a single bond, and R16 is a hydrogen atom. Minegishi et al. also teaches according to the pattern-forming method of the embodiment of the present invention in which a specific resist underlayer film-forming composition is used, a resist underlayer film can easily be formed on a substrate, which leads to excellent etching resistance, and suppresses a situation in which the underlayer film pattern is bent when transferring a fine pattern by etching. Moreover, the resist pattern can be transferred to the substrate with excellent reproducibility. Since the underlayer film pattern is not bent when etching the substrate, an increase in yield is expected to be achieved in microfabrication employed in a lithographic process, and particularly the production of integrated circuit devices [0015].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Kori et al. to include other known crosslinking agents such as those taught by Minegishi et al. through routine experimentation of substituting equally suitable components for the sought invention in order to achieve optimum etching resistance.
Claims 21 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Kori et al. (U.S. 9,728,420) as applied to claims 16 and 22 above, and further in view of Hakamata et al. (U.S. 2022/0009152).
With regard to claims 21 and 26, Kori et al. teaches it is noted that the substrate to be processed is not particularly limited, and a substrate made of Si, α-Si, p-Si, SiO2, SiN, SiON, W, TiN or Al, or a substrate in which a layer to be processed is formed thereon may be used. Examples of the layer to be processed include various Low-k films made of Si, SiO2, SiON, SiN, p-Si, α-Si, W, W—Si, Al, Cu or Al—Si, and stopper films thereof, which can each typically form into a thickness of 50 to 10,000 nm, particularly 100 to 5,000 nm. When the layer to be processed is formed, different material is used for each of the substrate and the layer to be processed [col 35 lines 5-15]. Kori et al. does not specify the static contact angle with respect to water of 50° or more.
However, Hakamata et al. teaches a composition for forming an underlayer film in an imprinting method [abstract] in which the underlayer film is preferably formed by applying the composition for forming an underlayer film in a layer form onto the substrate. The substrate 1 may have an undercoat layer or a closely adhesive layer in addition to a case where the substrate 1 consists of a single layer [0237] and a material for the substrate is not particularly specified, and reference can be made to the description in paragraph 0103 of JP2010-109092A, the contents of which are incorporated in the present specification. In the present invention, a silicon substrate, a glass substrate, a quartz substrate, a sapphire substrate, a silicon carbide substrate, a gallium nitride substrate, an aluminum substrate, an amorphous aluminum oxide substrate, a polycrystalline aluminum oxide substrate, and a substrate made of spin-on carbon (SOC), spin-on glass (SOG), silicon nitride, silicon oxynitride, GaAsP, GaP, AlGaAs, InGaN, GaN, AlGaN, ZnSe, AlGa, InP, or ZnO can be mentioned. Furthermore, specific examples of a material for the glass substrate include aluminosilicate glass, aluminoborosilicate glass, and barium borosilicate glass. In the present invention, a silicon substrate and a substrate coated with spin-on carbon (SOC) are preferable.
As the silicon substrate, a surface-modified silicon substrate can be appropriately used [0241-0242] and a contact angle of the surface of the substrate to water is preferably 20° or larger, more preferably 40° or larger, and still more preferably 60° or larger. The upper limit thereof is practically 90° or smaller [0246]. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). See MPEP 2144.07. In the instant case, both Kori et al. and Hakamata et al. teach known methods of forming underlayers using known substrates. Hakamata et al. also teaches the contact angle can be adjusted.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Kori et al. to include substrates having various contact angles with respect to water as taught by Hakamata et al. and arrive at the instant claims with a reasonable expectation of success.
Response to Arguments
Due to the amendment filed April 24, 2026 of instant claim 1, the double patenting rejections over U.S. Patent No. 7,358,025 and 10,416,563, the 102 rejection over Takada, and the 103 rejections over Hatakeyama (U.S. 7,358,025) further in view of Minegishi and Hakamata, and Satoh (U.S. 10,416,563) further in view of Minegishi and Hakamata and Kori have been withdrawn. Applicants arguments with regard to these rejections have been considered but are moot due to the amendment of instant claim 1.
Applicant's arguments with regard to the double patenting and 103 rejections over U.S. 12,147,160 (U.S. 2022/0163890) and U.S. 9,728,420 [both Kori], each incorporating Hatakeyama by reference, have been fully considered but they are not persuasive. Applicant argues neither Kori ‘890 nor Hatakeyama contain any description or suggestion regarding base generators. Furthermore, there is absolutely no mention of the technical concept of claim 1 noted throughout the specification, to maximize the effect of the base generator, an acid generator is preferably not used. In fact, to the extent that any cross-linking promoters are employed, Kori ‘890 suggest that acid generator be employed. Amended claim 1 requires that it contain component (B) a base generator, but not an acid generator. Combining Hatakeyama with Kori ‘890 do not contemplate and rather teaches away from the component (B) base generator and no acid generator.
The Examiner respectfully disagrees. Onium salts typically used in photoresist and underlayer compositions can be referred to as several different types of additives. Specifically, an onium salt can be commonly referred to as an acid generator (both photoacid and thermal acid generators), a base generator, a quencher, a crosslinking catalyst, etc. The Examiner does recognize that not all acid generators can be considered base generators. However, in this case the acid generators recited by Hatakeyama, which is to be incorporated into the disclosure of Kori ‘890, encompasses both compounds typically used as photoacid generators as well as the instantly claimed base generator represented by general formulae (1)-(3). Specifically, when an acid generator such as formula (P1a-1) when K- is a chloride ion [0063-0064] is selected from Hatakeyama as the acid generator for Kori ‘980, it is equivalent to the instantly claimed base generator of instant claims 1 and 3-5 represented by formula (1) when X- is a chloride ion. Thus, the instant claims are obvious over the entire disclosure of Kori ‘890, which incorporates the acid generators of Hatakeyama, through routine experimentation of substituting equally suitable components for the sought invention.
Applicants’ arguments regarding the 103 rejection over Kori ‘420, incorporating Hatakeyama, are similar to those above.
The Examiners response to these arguments are the same as those applied to the rejection over Kori ‘890 above.
Due to the cancelation of claim 7, the 112(b) rejection has been withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. 2018/0011405.
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 ANNA E MALLOY whose telephone number is (571)270-5849. The examiner can normally be reached 6:30-3:00 EST M-F.
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/Anna Malloy/Examiner, Art Unit 1737
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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