Prosecution Insights
Last updated: July 17, 2026
Application No. 18/475,068

METHOD AND APPARATUS FOR FORMING A PATTERNED LAYER OF CARBON, METHOD OF FORMING A PATTERNED LAYER OF MATERIAL

Final Rejection §112
Filed
Sep 26, 2023
Priority
Mar 02, 2018 — EU 18159654.5 +2 more
Examiner
POWERS, LAURA C
Art Unit
1785
Tech Center
1700 — Chemical & Materials Engineering
Assignee
ASML Holding N.V.
OA Round
4 (Final)
56%
Grant Probability
Moderate
5-6
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
323 granted / 578 resolved
-9.1% vs TC avg
Strong +48% interview lift
Without
With
+47.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
25 currently pending
Career history
607
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
5.4%
-34.6% vs TC avg
§112
28.7%
-11.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 578 resolved cases

Office Action

§112
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 . Summary The Applicants arguments and claim amendments received on 04/27/2026 are entered into the file. Currently, claims 17, 21, 22, 23-25 and 37-42 are amended; claims 1-16, 18-20, 26-36 and 43 are cancelled; claims 44-51 are new; resulting claims 17, 21-25, 37-42 and 44-51 pending for examination. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 23, 24, 44-48 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 23, the newly amended limitation reciting “wherein the monolayer of material comprises a plurality of organic molecules each having an anchoring functional group as the reactive functional group, the anchoring functional group configured to attach the organic molecules to the absorption layer” contains new matter that is not supported by the specification. Independent claim 17 has been amended in lines 8-12 to require that a first region of the monolayer of material has a reactive functional group and a second region of the monolayer of material which has the reactive functional group removed. Dependent claim 23 further limits the functional group to being the anchoring functional group which attaches the organic molecules of the monolayer of material to the absorption layer. However, the specification does not disclose an embodiment wherein the anchoring functional groups are removed. Paragraphs [00055-00057] describe the embodiment shown in Figures 11-14, wherein a selected region (102) of the absorption layer (104) and monolayer of material (106) are irradiated by EUV radiation, causing some of the EUV radiation to be absorbed at the interface of the absorption layer (104) and monolayer of material (106), damaging the monolayer in the selected region (see Figure 11 and 12). The damage weakens the cleaves some of the bonds between the first material (110) and the absorption layer (104), so that the first material (110) can be replaced by a second material (114) (see Figure 13), however the anchoring functional groups (112A) remain the same. The barrier layer (111) grows on the second material (114) as shown in Figure 14. Figure 15-17 illustrate an embodiment wherein the monolayer of material (106) comprises a plurality of organic molecules that each have a capping functional group (116), wherein the capping functional groups are removed from a selected region (see Figures 15 and 16), leaving the terminal group (118), which then binds to the barrier layer (111). Figures 20-22 illustrate a further embodiment, wherein the absorption layer (106) comprises a metal and a different anchoring functional group (112B) (see Figure 20). As with the embodiment shown in Figures 15-17, the capping functional group (116) of the monolayer of material (106) is removed, leaving terminal group (118), which then binds to the barrier layer (111). There is no support in the originally filed specification for the anchoring groups to be removed and a barrier layer formed thereon as required by the embodiment of the combination of claims 17 and 23. Regarding claim 24, the claim is rejected for the same reasons presented above with respect to claim 23. Regarding independent claim 44, the limitation “a second region wherein the anchoring functional group of the monolayer is removed through lithographic radiation exposure” is new matter than is not supported by the specification as originally filed. In the originally filed specification, paragraphs [00052-00060] describe the embodiments of the claimed invention as illustrated by Figures 11 through 22. The anchoring functional group (112A, 112B) are disclosed as a functional group effective to attach the organic molecules to the absorption layer 104 (see [00052-00053]). The specification does not describe an embodiment wherein the anchoring functional group is removed through lithographic radiation exposure as claimed. Paragraphs [00055-00057] describe the embodiment shown in Figures 11-14, wherein a selected region (102) of the absorption layer (104) and monolayer of material (106) are irradiated by EUV radiation, causing some of the EUV radiation to be absorbed at the interface of the absorption layer (104) and monolayer of material (106), damaging the monolayer in the selected region (see Figure 11 and 12). The damage weakens the cleaves some of the bonds between the first material (110) and the absorption layer (104), so that the first material (110) can be replaced by a second material (114) (see Figure 13), however the anchoring functional groups (112A) remain the same. The barrier layer (111) grows on the second material (114) as shown in Figure 14. Figure 15-17 illustrate an embodiment wherein the monolayer of material (106) comprises a plurality of organic molecules that each have a capping functional group (116), wherein the capping functional groups are removed from a selected region (see Figures 15 and 16), leaving the terminal group (118), which then binds to the barrier layer (111). Figures 20-22 illustrate a further embodiment, wherein the absorption layer (106) comprises a metal and a different anchoring functional group (112B) (see Figure 20). As with the embodiment shown in Figures 15-17, the capping functional group (116) of the monolayer of material (106) is removed, leaving terminal group (118), which then binds to the barrier layer (111). None of these embodiments support newly added claim 44, which states that the anchoring functional group of the monolayer in a second is removed and a barrier layer is formed thereon. Dependent claims 45-48 are also rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, based on their dependency from independent claim 44. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 23-24 and 44-51 are 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. Regarding claim 23, , the newly amended limitation reciting “wherein the monolayer of material comprises a plurality of organic molecules each having an anchoring functional group as the reactive functional group, the anchoring functional group configured to attach the organic molecules to the absorption layer” is indefinite in view of the amendments made to independent claim 17. Independent claim 17 has been amended in lines 8-12 to require that a first region of the monolayer of material has a reactive functional group and a second region of the monolayer of material which has the reactive functional group removed. Dependent claim 23 further limits the functional group to being the anchoring functional group which attaches the organic molecules of the monolayer of material to the absorption layer. However, the specification does not disclose an embodiment wherein the anchoring functional groups are removed. Paragraphs [00055-00057] describe the embodiment shown in Figures 11-14, wherein a selected region (102) of the absorption layer (104) and monolayer of material (106) are irradiated by EUV radiation, causing some of the EUV radiation to be absorbed at the interface of the absorption layer (104) and monolayer of material (106), damaging the monolayer in the selected region (see Figure 11 and 12). The damage weakens the cleaves some of the bonds between the first material (110) and the absorption layer (104), so that the first material (110) can be replaced by a second material (114) (see Figure 13), however the anchoring functional groups (112A) remain the same. The barrier layer (111) grows on the second material (114) as shown in Figure 14. Figure 15-17 illustrate an embodiment wherein the monolayer of material (106) comprises a plurality of organic molecules that each have a capping functional group (116), wherein the capping functional groups are removed from a selected region (see Figures 15 and 16), leaving the terminal group (118), which then binds to the barrier layer (111). Figures 20-22 illustrate a further embodiment, wherein the absorption layer (106) comprises a metal and a different anchoring functional group (112B) (see Figure 20). As with the embodiment shown in Figures 15-17, the capping functional group (116) of the monolayer of material (106) is removed, leaving terminal group (118), which then binds to the barrier layer (111). It is unclear how the anchoring group, which anchors the monolayer of material (see 112a and 112b in Figure 15-22), and can be removed in the second region and still allow for the barrier layer to be formed on the monolayer in the second region. The metes and bounds of the structural requirements of claim 23 are unknown, and therefore, prior art is unable to be applied. Regarding claim 24, the claim is indefinite for the reasons presented above with respect to claim 23. Additionally, prior art is unable to be applied as the metes and bound of claim 24 is unclear based on its dependency from claim 23. Regarding claim 44, the newly added limitation “a second region wherein the anchoring functional group of the monolayer is removed through lithographic radiation exposure” is indefinite the limitation contradicts what is disclosed by the instant specification and therefore, it is unclear what the claimed structure is with respect to the claimed invention. See the rejection under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph above. Regarding independent claims 44 and 49, the limitation reciting “lithographic radiation exposure” is indefinite. Throughout the specification, EUV radiation is used as the radiation source (see originally filed specification [0004-0005, 0008-0009, 00019-0025, 00028, 00050, 00054-00056]), and therefore, it is unclear if “lithographic radiation” and EUV radiation are the same. Dependent claims 45-48 and 50-51 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based on their dependency from independent claims 44 and 49. Response to Arguments Response-Claim Rejections - 35 USC § 112 The previous rejections of claims 17, 25, 37 and 41 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph and 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph are overcome by Applicants amendments to the claims in the response filed 04/27/2026. The previous rejection of claim 43 is moot due to Applicants cancellation of the claim in the response filed 04/27/2026. In light of the Applicants amendments to the claims, new rejections under both 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph and 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph are made over claims 23, 24, 44-48 and 49-51 as applied in the office action above. Allowable Subject Matter Claims 17, 21-22, 25, 37-42 are allowed. The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach or render obvious the claimed invention of the instant application. Han et al. (US 2019/0137879; previously applied) is considered to be the closest prior art to the claimed invention. Han et al. teaches a method of forming nitrogen heterocycle-containing monolayers on metal oxides for binding polymers and forming patterned layers comprising biopolymers ([0001, 0008-0041, 0068-0110]). As shown by Figure 1E reproduced below, Han et al. teaches a bottom layer (112; substrate) with a patterned layer of biopolymer (141; barrier/patterned layer of material) formed on a self-assembled monolayer (131; monolayer of material) and an metal oxide layer (111; absorber) ([0068-0110]). Han et al. additionally teaches that the biopolymer layer (141; barrier/patterned layer of material) is comprised of a biopolymer, metal cation (metal-containing material) and optionally carbon nanotube ([0109, 0115]). PNG media_image1.png 118 386 media_image1.png Greyscale Han et al., however, does not teach the combination of features required by claim 17, specifically, that the self-assembled monolayer (131; monolayer of material) comprises a first region comprising a reactive functional group and a second region wherein the reactive functional group is removed through lithographic radiation exposure and a barrier layer is formed on the second region of the self-assembled monolayer (131; monolayer of material). Han et al. teaches that the self-assembled monolayer (131; monolayer of material) is chemically altered via UV exposure in a pattern-wise way, wherein a wavelength and dosage of UV radiation is used to induce a chemical transformation of exposed SAM regions, which decrease the affinity of the exposed SAM regions for the biopolymer compared to the non-exposed SAM regions ([0105-0106]). Thus the patterned layer of biopolymer (141; barrier/patterned layer of material) binds to the top surfaces of the non-exposed SAM regions (132) due to the higher affinity, forming the patterned layer of biopolymer (141; barrier/patterned layer of material) as shown by Figure 1E. Han et al. teaches the opposite structure from what is being claimed by the instant application, and there is no teaching, suggestion or motivation to modify Han et al. to meet the limitations of claims 17, 21-25, 37-42. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA POWERS whose telephone number is (571)270-5624. The examiner can normally be reached Monday-Thursday, 10:00AM-3:00PM. 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, Mark Ruthkosky can be reached at 571-272-1291. 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. LAURA POWERS Examiner Art Unit 1785 /LAURA C POWERS/Primary Examiner, Art Unit 1785
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Prosecution Timeline

Show 2 earlier events
Apr 28, 2025
Response Filed
Jul 10, 2025
Final Rejection mailed — §112
Sep 18, 2025
Response after Non-Final Action
Oct 09, 2025
Request for Continued Examination
Oct 14, 2025
Response after Non-Final Action
Dec 04, 2025
Non-Final Rejection mailed — §112
Apr 27, 2026
Response Filed
Jun 18, 2026
Final Rejection mailed — §112 (current)

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Prosecution Projections

5-6
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+47.6%)
3y 1m (~3m remaining)
Median Time to Grant
High
PTA Risk
Based on 578 resolved cases by this examiner. Grant probability derived from career allowance rate.

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