Prosecution Insights
Last updated: July 17, 2026
Application No. 18/426,723

SULFONIUM SALT, RESIST COMPOSITION AND PATTERN FORMING PROCESS

Non-Final OA §102§103
Filed
Jan 30, 2024
Priority
Feb 10, 2023 — JP 2023-019260
Examiner
COSGROVE, JAYSON D
Art Unit
Tech Center
Assignee
Shin-Etsu Chemical Co., Ltd.
OA Round
1 (Non-Final)
52%
Grant Probability
Moderate
1-2
OA Rounds
1y 3m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
63 granted / 122 resolved
-8.4% vs TC avg
Strong +33% interview lift
Without
With
+33.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
28 currently pending
Career history
160
Total Applications
across all art units

Statute-Specific Performance

§103
94.1%
+54.1% vs TC avg
§102
3.7%
-36.3% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 122 resolved cases

Office Action

§102 §103
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 . 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 4-7, and 10-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2021035937 A (hereby referred to as JP ‘937). Regarding Claim 1, JP ‘937 discloses a carboxylate salt and a resist composition comprising the same. The carboxylate salt is represented by formula (I) (JP ‘937, paragraph 0005 of the English translation and page 1 of the original document), which is reproduced below. PNG media_image1.png 152 357 media_image1.png Greyscale In formula (I), R4 to R6 are each independently a halogen, an alkyl fluoride, or an alkyl group, wherein the alkyl fluoride or the alkyl group may have a -CH2- group replaced with an ether linkage or a carbonyl (JP ‘937, paragraph 0005 of the English translation). X0 represents a hydrocarbon group having substituents (JP ‘937, paragraph 0005 of the English translation). Some exemplary cations for the carboxylate salt are shown on page 9 of JP ‘937 (JP ‘937, paragraph 0010 of the English translation). Three of the exemplary cations are reproduced below, but the Examiner notes that many of the cations shown on page 9 of JP ‘937 satisfy the definition of the cation in formula (1), as recited by instant claim 1. PNG media_image2.png 210 435 media_image2.png Greyscale Formula (I-c-1) represents the cation of formula (1) (per instant claim 1) wherein p, q, and r are each 0; s is 1; R4 is a C3 hydrocarbyl group; and X1 is a single bond. Formula (I-c-2) represents the cation of formula (1) (per instant claim 1) wherein p is 1; q and r are both 0; s is 1; R1 is a fluorine atom; R4 is a C3 hydrocarbyl group; and X1 is a single bond. Formula (I-c-3) represents the cation of formula (1) (per instant claim 1) wherein p, q, and r are each 0; s is 1; R4 is a C1 hydrocarbyloxy group; and X1 is a single bond. Each of the above structures thus represent the cation of the sulfonium salt according to instant claim 1. Exemplary anions for the sulfonium salt are shown on pages 24-29 of JP ‘937 (JP ‘937, paragraph 0035 of the English translation), including the two reproduced below (see page 27 of JP ‘937). PNG media_image3.png 130 240 media_image3.png Greyscale PNG media_image4.png 131 255 media_image4.png Greyscale The above structures are carboxylate anions having a hydroxy group attached to a carbon atom that is not an aromatic ring-constituting carbon atom. JP ‘937 further discloses examples of salts comprising the above cations and anions (JP ‘937, paragraph 0042 of the English translation and pages 30-73 of the original document). Particularly, salts (I-1082), (I-1088), (I-1115), (I-1121), (I-1148), and (I-1154) represent the combinations of cations and anions shown above. Refer to pages 57-59 of JP ‘937. Thus, JP ‘937 discloses several sulfonium salts according to formula (I) and therefore anticipates the invention of instant claim 1. Regarding Claim 4, JP ‘937 discloses that the carboxylate salt is used in a resist composition (JP ‘937, paragraph 0006 of the English translation). Additional quenching compounds may be included in the composition as well (JP ‘937, paragraph 0206 of the English translation). Regarding Claims 5-6, JP ‘937 discloses that the resist composition comprises a resin having an acid-unstable group (JP ‘937, paragraph 0050 of the English translation). The acid-unstable group (e.g. the acid-labile group) is represented by formulae (1) or (2) (JP ‘937, paragraph 0103 of the English translation). Specific examples are shown on page 103 of JP ‘937 (JP ‘937, paragraph 0112 of the English translation). The examples shown on page 103 of JP ‘937 are repeat units according to formula (a1) as recited by instant claim 6. The examples shown on page 106 (see paragraph 0119 of the English translation of JP ‘937) included structural units according to formula (a2) as recited by instant claim 6. Regarding Claim 7, JP ‘937 discloses that the resist pattern formed using the resist composition may be a positive-type resist pattern (JP ‘937, paragraph 0211 of the English translation). The resist composition comprises the carboxylate salt, the above acid-labile group-containing resist, and an acid generator (JP ‘937, paragraph 0210 of the English translation), thus implying the composition is a chemically amplified positive resist composition. Regarding Claim 10, JP ‘937 discloses that the resin may comprise a structural unit having a salt that decomposes upon exposure to generate acid, such as those shown on page 131 of JP ‘937 (JP ‘937, paragraph 0184 and 0192 of the English translation). One such anion is reproduced below. PNG media_image5.png 182 131 media_image5.png Greyscale The above structure corresponds to formula (f2), wherein RA is a methyl group; Z2 is an ester bond; Z3 is -Z31-O-; Z31 is a C1 alkyl; and Z4 is a carbonyl. ZA+ is an organic cation (JP ‘937, paragraph 0192 of the English translation). The organic cation may be a sulfonium cation (JP ‘937, paragraph 0090 of the English translation). Alternatively, the resin may comprise a structural unit including a salt analogous to formula (f1), as recited by instant claim 10, as shown on page 132 of JP ‘937. Regarding Claims 11-12, JP ‘937 discloses that the resist composition contains an acid generator (JP ‘937, paragraph 0051 of the English translation). Suitable acid generators include onium salts, such as diazonium salts, sulfonium salts, and iodonium salts, and may include sulfonate anions, sulfonylimide anions, and sulfonylmethide anions (JP ‘937, paragraph 0052 of the English translation). Regarding Claim 13, JP ‘937 discloses that the resist composition may comprise a solvent (JP ‘937, paragraph 0050 of the English translation). The solvents disclosed by JP ‘937 are organic solvents (JP ‘937, paragraph 0205 of the English translation). Regarding Claim 14, JP ‘937 discloses that the resist composition may comprise a surfactant (JP ‘937, paragraph 0209 of the English translation). Regarding Claims 15-16, JP ‘937 discloses that the resist composition is coated onto a substrate, dried to form a composition layer, exposed to radiation, post-exposure baked, and developed to produce a resist pattern (JP ‘937, paragraph 0211 of the English translation). The exposure source may be a KrF excimer laser, an ArF excimer laser, an electron beam, or an EUV light (JP ‘937, paragraph 0211 of the English translation). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 2-3 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2021035937 A (hereby referred to as JP ‘937) in view of US 20180275512 A1 (hereby referred to as Hatakeyama). Regarding Claims 2-3, JP ‘937 discloses a salt according to instant claim 1. However, the salts disclosed by JP ‘937 fail to include a carboxylate anion according to instant claims 2 or 3. Hatakeyama teaches a resist composition and a patterning process. The resist composition may comprise a quencher (Hatakeyama, paragraph 0078). The quencher may be an onium salt of carboxylic acid according to formula (1) (Hatakeyama, paragraph 0081), wherein the anion (e.g. the carboxylate anion) is represented by formula (2) (Hatakeyama, paragraph 0082). Formula (2) is reproduced below. PNG media_image6.png 173 231 media_image6.png Greyscale In formula (2), R102 and R103 may represent a trifluoromethyl group and R104 may represent a hydroxyl group (Hatakeyama, paragraph 0082). Several of the exemplary salts shown in paragraph 0083 of Hatakeyama utilize the anion according to instant claim 3. JP ‘937 and Hatakeyama are analogous art because both references pertain to resist compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use the carboxylate anion taught by Hatakeyama as the anion for the sulfonium salt disclosed by JP ‘937 because the use of such an anion assists in suppressing the diffusion rate of acid in the resist layer (Hatakeyama, paragraph 0078). Regarding Claims 8-9, JP ‘937 discloses a resist composition according to instant claim 5. As noted above, the resin comprising acid labile groups functions as a positive tone resist composition. However, JP ‘937 is silent in regards to a resin being absent of an acid labile group. Hatakeyama teaches a resist composition comprising a base polymer (Hatakeyama, paragraph 0033). The base polymer may comprise an acid labile group when forming a positive resist composition (Hatakeyama, paragraph 0070). However, when the base polymer is used to form a negative resist composition, the acid labile group may be omitted from the polymer (Hatakeyama, paragraph 0071). JP ‘937 and Hatakeyama are analogous art because both references pertain to resist compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to omit the acid labile group(s) in the base polymer, as taught by Hatakeyama, to form a negative type resist composition comprising the salt disclosed by JP ‘937 because it is known in the art that negative type resist compositions provide notable benefits over positive type resist compositions, such as faster processing speed and lower cost, as well as because using a resin without acid labile groups allows for the formation of a negative resist composition that has very high sensitivity, high dissolution contrast, good resolution, and provides a good pattern profile (Hatakeyama, paragraph 0086). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYSON D COSGROVE whose telephone number is (571)272-2153. The examiner can normally be reached Monday-Friday 10:00-18:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /JAYSON D COSGROVE/Examiner, Art Unit 1737 /JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
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Prosecution Timeline

Jan 30, 2024
Application Filed
Jul 08, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
52%
Grant Probability
85%
With Interview (+33.1%)
3y 9m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 122 resolved cases by this examiner. Grant probability derived from career allowance rate.

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