DETAILED ACTION
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 February 8, 2023. It is noted, however, that applicant has not filed a certified copy of the JP2023-017434 application as required by 37 CFR 1.55.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 for JP2022-111944.
Specification
The disclosure is objected to because of the following informalities: Pages 4 and 5 recite “The sulfonium salt of the substituted or unsubstituted hydroxy(trifluoromethoxy)benzoic acid and/or the sulfonium salt of the substituted or unsubstituted hydroxy(trifluoromethylthio)benzoic acid is preferably represented by the following general formula (1)” in which R1 of formula (1) “represents a hydrogen atom or a group selected from a linear, branched, or cyclic alkyl group, alkoxy group, alkoxycarbonyl group, or acyl group having 1 to 15 carbon atoms, an alkenyl group having 2 to 15 carbon atoms, and an alkynyl group having 2 to 15 carbon atoms, the group optionally having a halogen atom, a carbonyl group, an ether bond, a substituted or unsubstituted aryl group, or a hydroxy group, and the group being optionally an acid-labile group”. However, when R1 is anything but a hydrogen atom the compound is no longer considered a hydroxy(trifluoromethoxy)benzoic acid or hydroxy(trifluoromethylthio)benzoic acid since it does not contain a hydroxy group. The Examiner suggests omitting “hydroxy” throughout the specification when naming the compound, i.e. the specification should instead recite --(trifluoromethoxy)benzoic acid-- and --(trifluoromethylthio)benzoic acid--. Pages 12-13 recite “One or more of the sulfonium salt of the substituted or unsubstituted hydroxy(trifluoromethoxy)benzoic acid and/or the sulfonium salt of the substituted or unsubstituted hydroxy(trifluoromethylthio)benzoic acid; and the sulfonium salt of the substituted or unsubstituted hydroxy(difluoromethoxy)benzoic acid, the sulfonium salt of the substituted or unsubstituted hydroxy(difluoromethylthio)benzoic acid, the sulfonium salt of the 2- or 3-, di- or tri-fluoromethoxybenzoic acid, and the sulfonium salt of the 2- or 3-, di- or tri-fluoromethylthiobenzoic acid (hereinafter, also referred to as “sulfonium salt A”) are preferably represented by the following general formula (1) and the following general formula (1′), respectively” in which R1 of formula (1) “represents a hydrogen atom or a group selected from a linear, branched, or cyclic alkyl group, alkoxy group, alkoxycarbonyl group, or acyl group having 1 to 15 carbon atoms, an alkenyl group having 2 to 15 carbon atoms, and an alkynyl group having 2 to 15 carbon atoms, the group optionally having a halogen atom, a carbonyl group, an ether bond, a substituted or unsubstituted aryl group, or a hydroxy group, and the group being optionally an acid-labile group”. However, when R1 is anything but a hydrogen atom the compound is no longer considered a hydroxy(trifluoromethoxy)benzoic acid or hydroxy(trifluoromethylthio)benzoic acid since it does not contain a hydroxy group as noted above. Regarding formula (1’), pages 6 and 13 recite ‘”m” and “n” each represent 1 or 2’ but that “R1’ represents a hydrogen atom”. It is understood in formula (1) that the remaining carbon atoms which do not have -X-CF3 or -OR1 as substituents have a hydrogen atom but this cannot be assumed for formula (1’) since -R1’ can be hydrogen thus making the formula unclear. The Examiner suggests, based on the compounds shown on page 23, amending n to represent 1 to 4. The Examiner also suggests, based on the compounds shown on page 23, that on pages 11 and 12, “sulfonium salt of a 2- or 3-, di- or tri-fluoromethoxybenzoic acid, and the sulfonium salt of a 2- or 3-, di- or tri-fluoromethylthiobenzoic acid” and “sulfonium salt of the 2- or 3-, di- or tri-fluoromethoxybenzoic acid, and the sulfonium salt of the 2- or 3-, di- or tri-fluoromethylthiobenzoic acid” should instead recite --a sulfonium salt of a substituted or unsubstituted 2- or 3-, di- or tri-fluoromethoxybenzoic acid, and a sulfonium salt of a substituted or unsubstituted 2- or 3-, di- or tri-fluoromethylthiobenzoic acid-- and --the sulfonium salt of the substituted or unsubstituted 2- or 3-, di- or tri-fluoromethoxybenzoic acid, and the sulfonium salt of the substituted or unsubstituted 2- or 3-, di- or tri-fluoromethylthiobenzoic acid-- respectively.
Appropriate correction is required.
Claim Objections
Claims 2, 4, and 15 are objected to because of the following informalities: Claims 2 and 4 recite ‘ “m” and “n” ’ and claim 4 also recites ‘ “p”…”q” ‘. Claim 15 recites ‘ “a”…”b” ‘. The quotation marks should be omitted. 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.
Claim 4 is 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 4 recites formula (1’) in which ‘ “m” and “n” each represent 1 or 2’ while “R1’ represents a hydrogen atom”. It is understood in formula (1) that the remaining carbon atoms which do not have -X-CF3 or -OR1 as substituents have a hydrogen atom but this cannot be assumed for formula (1’) since -R1’ can be hydrogen thus making the formula unclear. The Examiner suggests, based on the compounds shown on page 23, amending n to represent 1 to 4.
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.
Claims 2 and 4 are 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 2 recites “wherein the sulfonium salt of the substituted or unsubstituted hydroxy(trifluoromethoxy)benzoic acid and/or the sulfonium salt of the substituted or unsubstituted hydroxy(trifluoromethylthio)benzoic acid is represented by the following general formula (1)” in which “R1 represents a hydrogen atom or a group selected from a linear, branched, or cyclic alkyl group…the group being optionally an acid-labile group”. However, when R1 is anything but a hydrogen atom the compound cannot be considered a sulfonium salt of a hydroxy(trifluoromethoxy)benzoic acid or hydroxy(trifluoromethylthio)benzoic acid since it does not contain a hydroxy group. The Examiner suggests omitting the term “hydroxy” from both claims 1 and 2. Thus, claim 2 fails to include all the limitations of claim 1. Claim 4 recites “wherein one or more of the sulfonium salt of the substituted or unsubstituted hydroxy(difluoromethoxy)benzoic acid, the sulfonium salt of the substituted or unsubstituted hydroxy(difluoromethylthio)benzoic acid, the sulfonium salt of the 2- or 3-, di- or tri-fluoromethoxybenzoic acid, and the sulfonium salt of the 2- or 3-, di- or tri-fluoromethylthiobenzoic acid are represented by the following general formula (1′)” where R1’ can be a hydrogen atom, a halogen atom, or a group selected from…a substituted or unsubstituted amino group…” in which the compound would not have a hydroxy group and can therefore not be a representation of a hydroxy(difluoromethoxy)benzoic acid or a hydroxy(difluoromethylthio)benzoic acid. Additionally, when R1’ is anything but a hydrogen atom it is considered a substituent while claim 3 does not recite that a 2- or 3-, di- or tri-fluoromethoxybenzoic acid and a 2- or 3-, di- or tri-fluoromethylthiobenzoic acid can be substituted. Thus, claim 4 fails to include all the limitations of claim 3. 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.
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.
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.
Claims 3 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuchimura (JP2007284405). Translation provided by Applicant.
Tsuchimura teaches a sulfonium salt of formula (II) [abstract]:
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[abstract] wherein Ar is an (n+1) valent aromatic compound residue, X is a halogen atom bonding to the aromatic compound residue, A is an optional counter anion, n is an integer of ≥1 [abstract] and a specific example of the anion includes 3,4-bis(trifluoromethoxy)benzoic acid [0048] which is equivalent to a sulfonium salt of a 2-trifluoromethoxybenzoic acid of instant claim 3, specifically formula (1’) of instant claim 4 when n is 2, R1’ is a hydrogen atom, m is 2 where one is in the 3-position, p is 0, q is 3, and R2-R4 are each hydrocarbyl groups having a heteroatom.
Claims 3 and 4 recite “A resist material” and claim 3 also recites “as a quencher” which refer to the use and function of the sulfonium salt. It has been held that a recitation with respect to the manner in which a claimed composition is intended to be used does not differentiate the claimed composition from a prior art composition satisfying the claimed structural limitations. Ex Parte Masham, 2, USPQ2d 1647 (1987). This recitation of the composition is drawn to intended use; therefore, this limitation does not add any patentable weight to the claim (MPEP 2106). Claims 3 and 4 are drawn to a compound. Therefore, the sulfonium salt of Tsuchimura is the same as instantly claimed.
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 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (U.S. 2017/0351177).
Hatakeyama et al. teaches a resist composition comprising a base polymer and a sulfonium salt having the formula (A) [0021] (claims 11-14):
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[0021] wherein X can be a single bond, p can be 1, m can be 1, n can be 2 where one R1 can be a hydroxyl and one R1 can be a C1 straight alkoxy when all or some hydrogens are substituted by fluorine, and R2, R3 and R4 are each independently fluorine, chlorine, bromine, iodine, or a C1-C12 straight, branched or cyclic alkyl group which may contain an oxo moiety, a C2-C12 straight, branched or cyclic alkenyl group which may contain an oxo moiety, C6-C20 aryl group, C7-C12 aralkyl group or C7-C12 aryloxyalkyl group, in which at least one hydrogen may be substituted by a hydroxy, carboxy, halogen, cyano, amide, nitro, sultone, sulfone or sulfonium salt-containing moiety, or in which an ether, ester, carbonyl, carbonate or sulfonic acid ester moiety may intervene between carbon atoms, or R2 and R3 may bond together to form a ring with the sulfur atom to which they are attached [0021] which is equivalent to a sulfonium salt of a substituted hydroxy(trifluoromethoxy)benzoic acid of instant clam 1 and a sulfonium salt of a substituted hydroxy (difluoromethoxy)benzoic acid of instant claim 3 respectively, specifically a substituted hydroxy(trifluoromethoxy)benzoic acid represented by general formula (1) of instant claim 2 when m is 1, X is an oxygen atom, n is 1, R1 is a hydrogen atom, and R2-R4 are halogen atoms or a hydrocarbyl group having 1 to 25 carbon atoms and optionally having a heteroatom and a substituted hydroxy (difluoromethoxy)benzoic acid represented by formula (1’) of instant claim 4 when m is 1, p is 1, q is 2, n is 2 where one R1’ is a halogen atom and one R1’ is a hydroxy group, and R2-R4 are halogen atoms or a hydrocarbyl group having 1 to 25 carbon atoms and optionally having a heteroatom. Hatakeyama et al. also teaches an object of the invention is to provide a resist composition which exhibits a high sensitivity and a reduced LWR, independent of whether it is of positive tone or negative tone; and a pattern forming process using the same [0019] and although some preferred embodiments have been described, many modifications and variations may be made thereto in light of the above teachings. It is therefore to be understood that the invention may be practiced otherwise than as specifically described without departing from the scope of the appended claims [0163].
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 Hatakeyama et al. to include additional compounds such as that defined above and arrive at the instant claims through routine experimentation of substituting equally suitable groups for the sought invention in order to obtain optimum sensitivity and LWR.
With regard to claims 5-22, Hatakeyama et al. teaches the resist composition may further comprise an acid generator capable of generating a sulfonic acid, imide acid or methide acid, and/or an organic solvent [0023] (claims 5-10). Hatakeyama et al. also teaches in a preferred embodiment, the base polymer comprises recurring units having the formula (a1) or recurring units having the formula (a2):
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[0023] wherein RA is each independently hydrogen or methyl, Y1 is a single bond, ester group, C1-C12 linking group containing lactone ring, phenylene group or naphthylene group, Y2 is a single bond or ester group, R11 and R12 each are an acid labile group [0023] which are equivalent to repeating units represented by general formula (a1) and (a2) respectively of instant claim 15. Hatakeyama et al. further teaches in one embodiment, the resist composition is a chemically amplified positive resist composition. In another preferred embodiment, the resist composition is a chemically amplified negative resist composition. Typically the base polymer is free of an acid labile group. The resist composition may further comprise a crosslinker. The resist composition may further comprise a surfactant
[0025-0028] (claims 16-18 and 20). Hatakeyama et al. also teaches in a preferred embodiment, the base polymer further comprises recurring units of at least one type selected from the formulae (f1) to (f3) [0028]:
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[0028] wherein RA is each independently hydrogen or methyl; R.sup.21 is a single bond, phenylene group, —O—R31—, or —C(═O)-Q1-R31, Q1 is —O— or —NH—, R31 is a C1-C6 straight, branched or cyclic alkylene group, C2-C6 straight, branched or cyclic alkenylene group, or phenylene group, which may contain a carbonyl, ester, ether or hydroxyl moiety; R22 to R29 are each independently a C1-C12 straight, branched or cyclic alkyl group which may contain a carbonyl, ester or ether moiety, or a C6-C12 aryl group, C7-C20 aralkyl group or mercaptophenyl group; Z1 is a single bond, —Z11—C(═O)—O—, —Z11—O— or —Z11—O—C(═O)—, Z11 is a C1-C12 straight, branched or cyclic alkylene group which may contain a carbonyl, ester or ether moiety; A is hydrogen or trifluoromethyl; Z2 is a single bond, methylene, ethylene, phenylene, fluorinated phenylene, —O—R32, or —C(═O)—Z12—R32, Z12 is —O— or —NH—, R32 is a C1-C6 straight, branched or cyclic alkylene group, phenylene group, fluorinated phenylene group, trifluoromethyl-substituted phenylene group, or C2-C6 straight, branched or cyclic alkenylene group, which may contain a carbonyl, ester, ether or hydroxy moiety; M− is a non-nucleophilic counter ion [0028] which are equivalent to repeating units represented general formulae (f1) to (f3) of instant claim 19. Hatakeyama et al. further teaches in another aspect, the invention provides a process for forming a pattern comprising the steps of applying the resist composition defined above onto a substrate, baking to form a resist film, exposing the resist film to high-energy radiation, and developing the exposed film in a developer. Preferably, the high-energy radiation is ArF excimer laser radiation of wavelength 193 nm, KrF excimer laser radiation of wavelength 248 nm, EB, or EUV of wavelength 3 to 15 nm [0029-0030] (claims 21 and 22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP2006195283, U.S. 6,723,483, U.S. 2016/0202608, and U.S. 2020/0192222.
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 8:00-4:30 EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Huff can be reached at 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anna Malloy/Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737