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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-13 in the reply filed on 06/15/2026 is acknowledged. The traversal is on the grounds that the subject matter of group II is sufficiently related such that an undue burden would not be presented to the Examiner, in particular because group II include claims that depend from claim 7. This is not found persuasive because the process of at least claim 14 contains etching steps and the classification areas searched are not necessarily the same when searching products and methods of obtaining etched layers. Accordingly, a search burden exists.
The requirement is still deemed proper and is therefore made FINAL.
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.
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 1-13 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 1, the term “*” in line 15 and general formula (1) is unclear because it is not clear what this attachment point is actually attached to. For example, the final line in claim 1 describes that the “*” in formula (2) is bound to Y1 and accordingly it is unclear how the “*” in line 15 is connected to the metal compound, or if it even is required to be connected to the metal compound. In the interest of compact prosecution and in view of the instant specification, the “*” in line 15 is assumed to denote an attachment to the metal compound if RA is serving as a ligand, as depicted in the metal complexes on Pg. 40-41 of the instant specification. Applicant is encouraged to clearly depict the metal compounds with a drawing such as those listed in Pg. 40-41.
Regarding claim 3, the general formula (4) is unclear. The formula is unclear because if RA is represented by one of general formula (1) in claim 1, it is unclear what the “*” attachment to an oxygen atom in formula (4) is attached to (i.e. what is the “*” oxygen attached to). The formula is further unclear because the compounds of formula (1) are presumed to be attached to the metal center (see claim 1 description for 112(b)) and accordingly it is unclear if formula (4) is intentionally allowing the “*” oxygen atom to be bound to the metal center in addition to an attachment RA (which includes the “*” attachment of formula (1), or, if formula (4) is intending the “*” attachment to be to the metal center. Additionally, because formula (4) is described in that RA represents one of general formula (1), and because all the variables of general formula (1) are represented by divalent carbon groups except for the indefinite attachment “*”, it would appear formula (4) must be attached to one of general formula (1) by the “*” attachment. This additional interpretation adds to the lack of clarity.
Claims 2-13 all depend from claim 1 and thus, are also rendered indefinite.
Claim Rejections - 35 USC § 103
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 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.
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 1-2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Ogihara et al. (US20140273447A1).
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Regarding claim 1, Ogihara teaches a composition for forming a titanium-containing layer where the composition comprises a titanium compound represented by the formula Ti(OR1A)4, Ti(OR1B)4, Ti(OR1A)4-na(OR2AO)na, or Ti(OR1B)4-nb(OR2BO)nb where the R1A and R1B groups are represented by a monovalent organic group having 1 to 20 carbon atoms containing 0 or 1 hydroxyl group and the R2A and R2B groups are represented by a divalent organic group having 2 to 20 carbon atoms containing 0 or 1 hydroxyl group; and "na" satisfies 0<na≤4 ([0078]-[0095]). Ogihara teaches the composition contains silicon compounds containing ligands that include 2 or 3 hydroxyl groups or a carboxyl groups being substituted with an acid-labile group as hydrolysable group ([0111]-[0113]). Ogihara teaches the acid-labile hydrolysable group can be selected from a methoxy group, ethoxy group, propoxy group, butoxy group, pentoxy group, cyclopentoxy group, hexyloxy group, cyclohexyloxy group, and phenoxy group ([0111]). Ogihara teaches the ligand containing the acid-labile group can also include 1 to 30 carbon atoms (see examples in [0111]-[0113]). Ogihara effectively teaches a ligand comprising a carboxy group and an acid-labile group attached to the carboxy group, where the acid-labile group contains 1-6 carbon atoms. This is equivalent to a ligand comprises RA:
Where Y = 1-6 and R1 is either:
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where R2 contains the acid-labile group.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05 (I). In the instant case, the range taught by Ogihara (Y1 is 1 to 20 carbon atoms) overlaps with the claimed range (Y1 is 1 to 20 carbon atoms). Therefore, the range in Ogihara renders obvious the claimed range.
It is noted that Ogihara teaches the titanium compound as component A and/or B while the component C, containing the acid-labile group consistent with claimed formula (1) and (2) as outlined above is described in ([0111]-[0113]) as being coordinated to silicon.
However, Ogihara explicitly teaches the titanium compounds, components A +B, and the silicon compounds, component C, are mixed to prepare a composition that contains all of the components and provides the composition to prepare the titanium-containing film ([0208]). Therefore the mixture would comprise a titanium compound coordinated to a ligand, where the ligands could include the groups required by the claim and taught by Ogihara.
Regarding claim 2, Ogihara teaches the compound of claim 1, which includes the organic group RA represented by general formula 1. Ogihara teaches the titanium compound is represented by the formula Ti(OR1A)4, Ti(OR1B)4, Ti(OR1A)4-na(OR2AO)na, or Ti(OR1B)4-nb(OR2BO)nb where the R1A and R1B groups are represented by a monovalent organic group having 1 to 20 carbon atoms containing 0 or 1 hydroxyl group and the R2A and R2B groups are represented by a divalent organic group having 2 to 20 carbon atoms containing 0 or 1 hydroxyl group; and "na" satisfies 0<na≤4 ([0078]-[0095]). Theses descriptions satisfy when RA1-4 contain 3 to 105 carbon atoms.
Ogihara further teaches the composition contains silicon compounds containing ligands that include 2 or 3 hydroxyl groups or a carboxyl groups being substituted with an acid-labile group as hydrolysable group ([0111]-[0113]). Ogihara teaches the acid-labile hydrolysable group can be selected from a methoxy group, ethoxy group, propoxy group, butoxy group, pentoxy group, cyclopentoxy group, hexyloxy group, cyclohexyloxy group, and phenoxy group ([0111]). Ogihara teaches the ligand containing the acid-labile group can also include 1 to 30 carbon atoms (see examples in [0111]-[0113]). These descriptions satisfy when R3A-C contain 2 to 30 carbon atoms.
Examiner notes the choices of R3A-3C are claimed as “any organic group selected from an organic group having 2 to 30 carbon atoms and having a crosslinking group of any structure represented by one of the following general formulae (c-1) to (c-3), a substituted or unsubstituted alkyl group having 1 to 20 carbon atoms, and an aryl group having 6 to 20 carbon atoms”. Accordingly, Ogihara teaches the instance where R3A-3C are “substituted or unsubstituted alkyl group having 1 to 20 carbon atoms.”
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05 (I). In the instant case, the range taught by Ogihara (RA1-4 = 2 to 20 carbon atoms; R3A-C contains 1 to 30 carbon atoms) overlaps with the claimed ranges (RA1-4 have 3 to 105 carbon atoms; R3A-C contains a substituted or unsubstituted alkyl group having 1 to 20 carbon atoms). Therefore, the range in Ogihara renders obvious the claimed range.
Regarding claim 7, Ogihara teaches the composition that contains the compound according to claim 1, where Ogihara teaches the titanium compounds, components A +B, and the silicon compounds, component C, are mixed to prepare a composition that contains all of the components and provides the composition to prepare the titanium-containing film ([0208]). Ogihara further teaches this composition contains a component D, which is a solvent that can be an organic solvent ([0075]; [0099])
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ogihara et al. (US20140273447A1) in view of Dilocker et al. (US20180362551A1).
Regarding claim 3, Ogihara teaches the compound of claim 1 and the claim further requires the limitations of claim 3, to which Ogihara does not appear to teach a structure of general formula (4), which contains two carboxyl groups.
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Dilocker teaches metal compounds for deposition onto a substrate where the metal compound comprises metal selected from Zr, Hf, and Ti, and the ligand includes a combination of groups, including carboxyl group ([0020]-[0022]). Dilocker teaches hafnium carboxyethyl acrylate ([0116], [0122]), which has the structure shown below: From the above, O- represents “*” in claim 3, X is a carbon chain equal to 2 carbon atoms, and RA satisfies the first structure of formula (1). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05 (I). In the instant case, the range taught by Dilocker (X is 2 carbon atoms) overlaps with the claimed range (X has 1 to 31 carbon atoms). Therefore, the range in Dilocker renders obvious the claimed range.
Advantageously, providing a metal compound with the ligand described by Dilocker provides metal-containing units with reduced levels of impurities ([0003]).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide the ligand of Dilocker in the compound of Ogihara in order to provide metal-containing units with reduced levels of impurities, as taught by Dilocker.
Regarding claim 4, Ogihara teaches the compound of claim 1 and Ogihara in view of Dilocker teach the compound of claim 3. The claim further requires the limitations of claim 4, to which Ogihara does not appear to teach a structure of general formula (4), which contains two carboxyl groups.
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Dilocker teaches metal compounds for deposition onto a substrate where the metal compound comprises metal selected from Zr, Hf, and Ti, and the ligand includes a combination of groups, including carboxyl group ([0020]-[0022]). Dilocker teaches hafnium carboxyethyl acrylate ([0116], [0122]), which has the structure shown below:
From the above, O- represents “*” in claim 3, X is a carbon chain equal to 2 carbon atoms that are saturated, and RA satisfies the first structure of formula (1). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05 (I). In the instant case, the range taught by Dilocker (X is 2 saturated carbon atoms) overlaps with the claimed range (X has 1 to 20 saturated carbon atoms). Therefore, the range in Dilocker renders obvious the claimed range.
Advantageously, providing a metal compound with the ligand described by Dilocker provides metal-containing units with reduced levels of impurities ([0003]).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide the ligand of Dilocker in the compound of Ogihara in order to provide metal-containing units with reduced levels of impurities, as taught by Dilocker.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ogihara et al. (US20140273447A1) in view of Dilocker et al. (US20180362551A1) and further in view of Debuyl et al. (WO2001049774A2).
Regarding claim 5, Ogihara teaches the compound of claim 1 and Ogihara in view of Dilocker teach the compound of claims 3-4. The claim further requires the attachment of 1* and 2* to be to carbonyl groups, where Ogihara is silent and Dilocker teaches attachment to 1 carbonyl carbon.
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Debuyl teaches a composition that comprises a compound of general formula M(OR)4, where R is the same or different and is selected from methyl and tertiary aliphatic hydrocarbon groups; a compound ii) of the general formula
wherein R 1 is selected from a methylene group or a substituted methylene radical having 1 to 6 carbon atoms, A represents -(CX2)nC(R2)3 wherein n is from 0 to 5, each X is the same or different and is selected from a halogen radical and hydrogen, each R2 is the same or different and is selected from the group of a halogen radical and an alkyl radical having 1 to 8 carbon atoms; and B has the general formula OR3, where R3 is selected from methyl, ethyl, t-butyl, and amyl groups, which is then coordinated to the metal center (Pg. 3, lines 10-Pg. 5, line 5).
When R1 is equal to 2 or 3 carbon atoms, the last two instances of instant formula (5) are met.
Advantageously, providing the metal compound of Debuyl allows for room temperature curing in that they provide longer working time and good green strength (i.e. sealant strength during cure but prior to complete curing) (Pg. 3, lines 5-7; Pg. 10, lines 9-22).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide the ligand of Debuyl in the compound of Ogihara in order to provide a metal compound that allows for room temperature curing while providing longer working times and good green strength, as taught by Debuyl.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ogihara et al. (US20140273447A1) in view of Sato et al. (US20180315906A1).
Regarding claim 6, Ogihara teaches the compound of claim 1 and 2. The claim further requires the attachment of the Si atom is represented by formula 2A, to which Ogihara does not teach these explicit moieties.
Sato teaches that a silicon-containing composition that contains Si-O-Ti bonds, where the Si group can be comprised of siloxanes with Si-carbon attachments comprised of vinyl and/or allyl groups (Abstract; [0030]; [0034]; [0041]). The second and third compounds listed in formula 2A are equivalent to vinyl and allyl silanes and meet the limitation required by the claim.
Advantageously, the composition of Sato displays excellent transparency when cured as a film and has less changes in hardness and weight loss under high temperatures ([0026]).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide the silicon-containing compound of Sato in the compound of Ogihara in order to provide a composition that displays excellent transparency whey cured as a film and has less changes in hardness and weight loss under high temperatures, as taught by Sato.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ogihara et al. (US20140273447A1) in view of Hatakeyama et al. (US10156788B2).
Regarding claim 8, Ogihara teaches the composition of claim 7 and Ogihara further teaches the composition can be crosslinked and may contain a surfactant as well as a photoacid and/or thermal acid generator ([0174]-[0176]). Providing an acid generator that operates by thermal- or photo-induced mechanism is consistent with the descriptions of “acid generator” in at least [0105] of the instant specification and therefore the term is considered taught by Ogihara.
The claim further requires the composition contains a crosslinking agent, to which Ogihara does not explicitly teach a crosslinking agent is included in the composition ([0184]).
Hatakeyama teaches a resist underlayer film composition that comprises titanium, zirconium, and/or hafnium and contains a crosslinking agent (Abstract; col. 5, lines 1-11; col. 60; line 6-col. 61, line 34).
Advantageously, including a crosslinking agent prevents the generation of outgas from the film while having excellent filling properties and high heat resistance (col. 2, lines 34-61).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to include a crosslinking agent in the composition of Ogihara in order to prevent the generation of outgas from the film while having excellent filling properties and high heat resistance as taught by Hatakeyama.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ogihara et al. (US20140273447A1) in view of Yano et al. (US20200216670A1).
Regarding claim 9, Ogihara teaches the composition of claim 7 and the claim further requires “the organic solvent (B) contains, as (B1) a high-boiling-point solvent, one or more kinds of organic solvent having a boiling point of 180°C or higher” to which Ogihara is silent.
Yano teaches a thermo-setting silicon-containing composition that comprises titanium and a high-boiling solvent having a boiling point of 180 °C or higher and being organic (Abstract; [0116]; [0178]; [0189]).
Advantageously, the composition containing the high-boiling solvent taught by Yano makes it possible to suppress deformation of the photoresist pattern during dry etching and transfer the pattern to a substrate with high precision ([0049]).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to include a high-boiling solvent in the composition of Ogihara in order to suppress deformation of the photoresist pattern during dry etching and transfer the pattern to a substrate with high precision as taught by Yano.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ogihara et al. (US20140273447A1) in view of Rahman et al. (US20200087534A1).
Regarding claims 10-11, Ogihara teaches the composition of claim 7 and the claims further require “(G) metal oxide nanoparticles having an average primary particle size of 100 nm or less” and that “the metal oxide nanoparticles (G) are selected from the group consisting of zirconium oxide nanoparticles, hafnium oxide nanoparticles, titanium oxide nanoparticles, tin oxide nanoparticles, and tungsten oxide nanoparticles,” to which Ogihara is silent.
Rahman teaches a photoresist coating composition comprising metal oxide nanoparticles that are from about 1 nm to about 100 nm in size and are selected from the group consisting of zirconium oxide nanoparticles, hafnium oxide nanoparticles, aluminum oxide nanoparticles, tungsten nanoparticles, and titanium oxide nanoparticles ([0001]-[0002]; [0086]-[0091]). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. MPEP 2144.05 (I). In the instant case, the range taught by Rahman (about 1 to about 100 nm) overlaps with the claimed range (100 nm or less). Therefore, the range in Rahman renders obvious the claimed range.
Advantageously, including metal oxide nanoparticles taught by Rahman provides a coating composition with high metal content and excellent filling properties that have improved etch resistance ([0009]).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to include metal oxide particles, such as zirconium oxide nanoparticles, hafnium oxide nanoparticles, aluminum oxide nanoparticles, tungsten nanoparticles, and titanium oxide nanoparticles, with a size of about 1 nm to about 100 nm in the composition of Ogihara in order to provide a coating with high metal content, excellent filling properties, and improved etch resistance, as taught by Rahman.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ogihara et al. (US20140273447A1) in view of Matsutani et al. (JP2020193276 English). Note, the figures provided below are present in the JP version of Matsutani with appropriate citations provided.
Regarding claim 12, Ogihara teaches the composition of claim 7 and the claim further requires limitations to which Ogihara is silent.
Matsutani teaches a coating composition comprising a fluorene skeleton main chain depicted by formula (II):
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where R1 is an aromatic group that includes a halogen atom, a hydroxy group, an epoxy group, an oxetanyl group, an alkyl group having 1 to 5 carbon atoms, and 1 to 5 carbon atoms. Examples thereof include an alkoxy group, a hydroxyalkoxy group having 1 to 5 carbon atoms, and an acyl group having 2 to 5 carbon atoms (Pg. 3, par. 9; Formula (II), Pg. 1, JP). Matsutani teaches methoxy groups are particularly preferred on the aromatic group of R1, which satisfies the instant claimed formula (3’), with an CH3-O-C=C-H linkage. Further, while Matsutani does not explicitly describe the reagent as a “flowability accelerator,” Matsutani teaches a compound overlapping the claimed compound and its use in a coating composition and accordingly the claimed “flowability accelerator” is rendered obvious.
Advantageously, providing the compound taught by Matsutani provides excellent transparency, high glass transition temperatures, and excellent weather resistance to films derived therefrom (Abstract; Pg. 2, par. 5-6).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to include the compound taught by Matsutani in the composition of Ogihara in order to provide a coating with excellent transparency, high glass transition temperatures, and excellent weather resistance, as taught by Matsutani.
Regarding claim 13, Ogihara teaches the composition of claim 7 and Ogihara in view of Matsutani teach the composition of claim 12. The claim further requires limitations to which Ogihara is silent.
Matsutani teaches a coating composition comprising a fluorene skeleton main chain depicted by formula (II):
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where R1 is an aromatic group that includes a halogen atom, a hydroxy group, an epoxy group, an oxetanyl group, an alkyl group having 1 to 5 carbon atoms, and 1 to 5 carbon atoms. Examples thereof include an alkoxy group, a hydroxyalkoxy group having 1 to 5 carbon atoms, and an acyl group having 2 to 5 carbon atoms (Pg. 3, par. 9; Formula (II), Pg. 1, JP). Matsutani teaches the R1 group can further include allyl or vinyl groups (Pg. 3, par. 13). Matsutani teaches methoxy groups are particularly preferred on the aromatic group of R1 (Pg. 3, par. 9). Collectively, Matsutani teaches a compound that satisfies the instant claimed formula BP-1 when W1 and W2 are benzene rings, n1 is 0, V is hydrogen, R’a is allyl, and V are hydrogen atoms. Further, while Matsutani does not explicitly describe the reagent as a “flowability accelerator,” Matsutani teaches a compound overlapping the claimed compound and its use in a coating composition and accordingly the claimed “flowability accelerator” is rendered obvious.
Advantageously, providing the compound taught by Matsutani provides excellent transparency, high glass transition temperatures, and excellent weather resistance to films derived therefrom (Abstract; Pg. 2, par. 5-6).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to include the compound taught by Matsutani in the composition of Ogihara in order to provide a coating with excellent transparency, high glass transition temperatures, and excellent weather resistance, as taught by Matsutani.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jordan Wayne Taylor whose telephone number is (571)272-9895. The examiner can normally be reached Monday - Friday, 7:30 AM - 5 PM EST; Second Fridays Off.
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/JORDAN W TAYLOR/Examiner, Art Unit 1738
Prosecution Insights