Prosecution Insights
Last updated: August 15, 2026
Application No. 18/563,358

RESIST COMPOSITION AND METHOD FOR FORMING RESIST PATTERN

Non-Final OA §102§103
Filed
Nov 21, 2023
Priority
Jun 15, 2021 — JP 2021-099699 +1 more
Examiner
WALKE, AMANDA C
Art Unit
Tech Center
Assignee
Tokyo Ohka Kogyo Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1523 granted / 1721 resolved
+28.5% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
38 currently pending
Career history
1748
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1721 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 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. 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)(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) 1-3, 5, and 6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hatakeyama et al (2022/0252984). Hatakeyama et al disclose a resist composition comprising a base polymer wherein the polymer comprises a unit having a sulfonium salt of a salicylic acid. The unit has the following basic structure similar to the instant (a0-2): PNG media_image1.png 414 324 media_image1.png Greyscale In the formula, RA (instant R02)( is H or methyl, X1 (instant La02) is a single bond ester, phenylene, or naphthalene, X2 (instant (Ya02) is a single bond, phenylene, saturated hydrocarbon, which may comprise an ether, ester, amide, lactone, or sultone ring (divalent linking groups), X3 (instant Ra024) is a single bond, ester, or ether. Exemplified compounds include: PNG media_image2.png 274 124 media_image2.png Greyscale PNG media_image3.png 296 140 media_image3.png Greyscale Wherein the instant La02 is easter, instant Ya02 is a single bond or alkyl with an ether bond replacing a carbon atom, and Ra024 is an aromatic group (instant cyclic group as defined in the specification [0048]) having a substituent. The sulfonium cation has a structure as instantly claimed. The comparative examples include a monomer having no substituent, as used in the instant examples, and demonstrates that the compound is known prior to the effective filing date of the instant claims. The unit (s) fall within the scope of the instant claim 1. PNG media_image4.png 296 114 media_image4.png Greyscale The units are present in the polymer in an amount of 5% by mole (see examples; instant claim 4). The exemplified compositions further include an acid generator, wherein the anion has a structure as in the instant (b0), wherein the instant X0 is iodine, R is -OH, R0 is F, Vb0 is fluorinated alkyl, and instant Yb0 is a linking group including an ester group. The exemplified compound also meets the limitations of the instant formula (b0-1), wherein z is 0, and one of L01 and L02 is a single bond, and the other is an ester group as required by the instant claim 2. PNG media_image5.png 86 296 media_image5.png Greyscale PNG media_image6.png 282 316 media_image6.png Greyscale The method of patterning includes the steps as set forth by the instant claims 5 and 6. PNG media_image7.png 120 290 media_image7.png Greyscale 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 (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. 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama in view of Hatakeyama et al ‘984. Hatakeyama et al disclose a resist composition comprising a base polymer wherein the polymer further comprises a unit which may comprise a lactone, sultone, or carbonate bond. PNG media_image8.png 96 304 media_image8.png Greyscale Given the teachings of the reference, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Hatakeyama et al, choosing as the additional unit, that as taught to be useful in the polymer by the reference including a sultone, lactone, or carbonate group. Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimada et al (JP 2019-142858 and its machine translation). Shimada et al disclose a resist composition comprising a polymer having a carboxylate-containing unit. The unit as disclosed by the reference falls within the scope of the instant claim 1: PNG media_image9.png 138 268 media_image9.png Greyscale PNG media_image10.png 136 200 media_image10.png Greyscale PNG media_image11.png 122 224 media_image11.png Greyscale PNG media_image12.png 126 524 media_image12.png Greyscale In the formula, instant La02 is ester, X0 (instant Ra024) is a cyclic linking group , and instant Ya02 is a single bond, which fall within the scope of the instant formula (a0-2), with the cation being a sulfonium cation as in the formula. The monomer is incuded in the polymer in an mount of 5 mol % (see examples; instant claim 3). The exemplified polymers further include units having lactone groups (see examples, [0097]; instant claim 4). Regading the acid generator,the reference teaches that sulfonium compounds having a broad general strucutre, with exemplified compounds having similar strcutures to that of the instant (b0) or (b0-1), but fails to specifically disclose a compound meeting the instant claims. PNG media_image13.png 94 206 media_image13.png Greyscale PNG media_image14.png 92 170 media_image14.png Greyscale Hatakeyama et al ‘984 has been discussed above. The exemplified compositions further include an acid generator, wherein the anion has a structure as in the instant (b0), wherein the instant X0 is iodine, R is -OH, R0 is F, Vb0 is fluorinated alkyl, and instant Yb0 is a linking group including an ester group. The exemplified compound also meets the limitations of the instant formula (b0-1), wherein z is 0, and one of L01 and L02 is a single bond, and the other is an ester group as required by the instant claim 2. The compounds are similar to those as described by Hatakeyama et al, and one of ordinary skill in the art would have been motivated to include the brominated or iodized aromatic group-containing anion and sulfonium salt as taught to be known and suitable for use in similar composition by Hatakeyama et al ‘984. The process of forming a pattern includes the steps as instantly claimed by claims 5 and 6 wherein the composition is applied to a substrate, dried, exposed, baked, and developed, and may be exposed to EUV or electron beam radiation ([0238], [0239]). Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimada et al (JP 2019-142857 and its machine translation) in view of Hatakeyama et al. Shimada et al disclose a resist composition comprising a sulfonium cation-containing unit having a carboxylate anion in the base polymer. The unit has a structure falling within the scope of the instant formula (a0-2). PNG media_image15.png 160 172 media_image15.png Greyscale PNG media_image16.png 110 518 media_image16.png Greyscale PNG media_image17.png 98 462 media_image17.png Greyscale In the formula, instant La01 is an ester group, instant Ya01 is a single bond, Li (instant Ra011) is alkyl or aryl, and R1 and R2 (instant Ra012 and Ra013) are alkyl, alicyclic or aromatic. The anion comprises a carboxylate and a group meeting the limitations of the instant Ra014. Regading the acid generator,the reference teaches that sulfonium compounds having a broad general strucutre, with exemplified compounds having similar strcutures to that of the instant (b0) or (b0-1), but fails to specifically disclose a compound meeting the instant claims. PNG media_image18.png 94 212 media_image18.png Greyscale Hatakeyama et al ‘984 has been discussed above. The exemplified compositions further include an acid generator, wherein the anion has a structure as in the instant (b0), wherein the instant X0 is iodine, R is -OH, R0 is F, Vb0 is fluorinated alkyl, and instant Yb0 is a linking group including an ester group. The exemplified compound also meets the limitations of the instant formula (b0-1), wherein z is 0, and one of L01 and L02 is a single bond, and the other is an ester group as required by the instant claim 2. The compounds are similar to those as described by Hatakeyama et al, and one of ordinary skill in the art would have been motivated to include the brominated or iodized aromatic group-containing anion and sulfonium salt as taught to be known and suitable for use in similar composition by Hatakeyama et al ‘984. The process of forming a pattern includes the steps as instantly claimed by claims 5 and 6 wherein the composition is applied to a substrate, dried, exposed, baked, and developed, and may be exposed to EUV or electron beam radiation ([0252]-[0255]). Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asakawa et al (2020/0401045) in view of Hatakeyama et al ‘984. Asakawa et al disclose a resist composition comprising a polymer, wherein the polymer comprising a unit with a anionic salt, wherein the salt may be a carboxylate as demonstrated below: PNG media_image19.png 376 268 media_image19.png Greyscale In the formula, the instant La02 is ester, Ya02 is a single bond, and Ra024 is cyclic, with a sulfonium cation having a structure falling within the scope of (a0-2) (the cation may be replaced by other exemplified cations such as triphenyl sulfonium; instant claim 1). The monomer may be present in an amount of 8 mol% as in the example (instant claim 3). The polymer further comprises a lactone-containing unit (instant claim 4). Regading the acid generator,the reference teaches that sulfonium compounds having a broad general strucutre, with exemplified compounds having similar strcutures to that of the instant (b0) or (b0-1), but fails to specifically disclose a compound meeting the instant claims. Hatakeyama et al ‘984 has been discussed above. The exemplified compositions further include an acid generator, wherein the anion has a structure as in the instant (b0), wherein the instant X0 is iodine, R is -OH, R0 is F, Vb0 is fluorinated alkyl, and instant Yb0 is a linking group including an ester group. The exemplified compound also meets the limitations of the instant formula (b0-1), wherein z is 0, and one of L01 and L02 is a single bond, and the other is an ester group as required by the instant claim 2. The compounds are similar to those as described by Hatakeyama et al, and one of ordinary skill in the art would have been motivated to include the brominated or iodized aromatic group-containing anion and sulfonium salt as taught to be known and suitable for use in similar composition by Hatakeyama et al ‘984. The process of forming a pattern includes the steps as instantly claimed by claims 5 and 6 wherein the composition is applied to a substrate, dried, exposed, baked, and developed, and may be exposed to EUV or electron beam radiation ([0515]-[0536]). PNG media_image20.png 94 326 media_image20.png Greyscale Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references cited on the PTO-892 disclose similar carboxylate anions. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA C WALKE whose telephone number is (571)272-1337. The examiner can normally be reached Monday to Thursday 5:30am to 4pm. 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, Niki Bakhtiari can be reached at 571-272-3433. 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. /AMANDA C. WALKE/ Primary Examiner, Art Unit 1722
Read full office action

Prosecution Timeline

Nov 21, 2023
Application Filed
Aug 06, 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
88%
Grant Probability
97%
With Interview (+8.6%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1721 resolved cases by this examiner. Grant probability derived from career allowance rate.

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