Prosecution Insights
Last updated: October 01, 2026
Application No. 18/588,606

HARDMASK COMPOSITION, HARDMASK LAYER, AND METHOD OF FORMING PATTERNS

Non-Final OA §102§103§112
Filed
Feb 27, 2024
Priority
May 08, 2023 — RE 10-2023-0059328
Examiner
COSGROVE, JAYSON D
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung SDI Co., Ltd.
OA Round
1 (Non-Final)
52%
Grant Probability
Moderate
1-2
OA Rounds
1y 2m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
67 granted / 129 resolved
-16.1% vs TC avg
Strong +35% interview lift
Without
With
+34.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
27 currently pending
Career history
162
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
67.8%
+27.8% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
6.8%
-33.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 129 resolved cases

Office Action

§102 §103 §112
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 Republic of Korea on 8 May 2023. It is noted, however, that applicant has not filed a certified copy of the KR10-2023-0059328 application as required by 37 CFR 1.55. Drawings The drawings are objected to because the included figure does not have an identifying label (e.g. “Figure 1” or “Fig. 1”). Per 37 C.F.R. 1.84 (c), identifying indicia should be provided for drawings and/or figures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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. Claim 7 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. In claim 7 of the instant application, the Applicant recites “The hardmask composition as claimed in claim 1, wherein in Chemical Formula 1, n is 2 or 3, and each of R1, R2, and Ar2 are the same”. The general structure of Chemical Formula 1 is provided in paragraph 0045 of the instant application’s specification. Each of the variable groups are defined in paragraphs 0046-0048 of the instant application’s specification. In paragraph 0057 of the instant application’s specification, it is stated that if n is a value of 2 or 3, each of R1, R2, and Ar2 may be the same or different from each other. It’s further described that each of the two or three R1s may be the same as or different from each other, and the same applies for the two or three R2s and the two or three Ar2s. However, the language of instant claim 7 is ambiguous in defining the relationship of the multiple R1, R2, and Ar2 groups. Instant claim 7, as written, may be interpreted to mean each of the two or three R1s are the same, each of the two or three R2s are the same, and each of the two or three Ar2s are the same. However, instant claim 7, as written, may also be interpreted to mean that R1, R2, and Ar2 represents the same group (e.g. R1, R2, and Ar2 are all benzene rings). As written, the claim is indefinite, because it is unclear the metes and bounds encompassed by the Applicant’s claim scope. Accordingly, proper correction is required. For the purposes of examination, the limitation “each of R1, R2, and Ar2 are the same”, as recited by instant claim 7, will be interpreted by the Examiner to mean each of the two or three R1s are the same, each of the two or three R2s are the same, and each of the two or three Ar2s are the same. The Examiner will not be interpreting the claim limitation to mean that each R1, R2, and Ar2 must be the same as each other. This seems to be the intent of the Applicant, based upon paragraph 0057 of the instant application’s specification and the fact that there are no inventive examples provided wherein R1, R2, and Ar2 are the same as each other. 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. Claim(s) 1, 4-5, 7, and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160085152 A1 (hereby referred to as Nakafuji). Regarding Claims 1 and 7, Nakafuji discloses a composition for film formation, a resist underlayer film, and a pattern forming method. The composition comprises a compound (A) and a solvent (B) (Nakafuji, paragraph 0018). The compound (A) is represented by formula (1) (Nakafuji, paragraph 0018), which is reproduced below. PNG media_image1.png 562 825 media_image1.png Greyscale In formula (1), R1, R2, and R3 are each independently represented by formula (a) (RA-C≡C-RB-); Ra to Rd are each independently a substituents; x to z are integers of 0 to 4; and w is an integer of 0 to 3 (Nakafuji, paragraph 0018). RA is hydrogen, an aryl group, or an alkyl group having a substituent and RB is a single bond or arylene group (Nakafuji, paragraph 0019). In an inventive example (Example 5), composition J-5 is utilized, wherein compound A-5 is included in a content of 10 parts by mass with 100 parts by mass of solvent B-1 (refer to Table 1 on page 24 of Nakafuji). Compound A-5 is shown on page 23 of Nakafuji and is reproduced below. PNG media_image2.png 922 897 media_image2.png Greyscale Compound A-5 represents Chemical Formula 1, as recited by instant claim 1, in the case that n is 3, R1 and Ar2 are benzene rings, R2 is hydrogen, and Ar1 is four benzene rings that are linked by a single bond. Solvent B-1 is cyclohexanone (Nakafuji, paragraph 0236). Thus, Example 5 of Nakafuji discloses a composition according to instant claim 1. The composition is used to produce a resist underlayer film (i.e. a hard mask) (Nakafuji, paragraph 0175-0178). As shown in the structure of compound A-5, each of the three R1 groups are the same, each of the three R2 groups are the same, and each of the three Ar2 groups are the same. Thus, Example 5 of Nakafuji similarly anticipates instant claim 7. Regarding Claims 4-5, as noted above, Example 5 of Nakafuji represents a composition according to instant claim 1. As further noted above, Compound A-5 represents an embodiment of Chemical Formula 1, wherein R1 is a benzene ring (i.e. a C6 aromatic hydrocarbon group) and R2 is hydrogen. Refer to the structure of Compound A-5 shown above. Thus, Example 5 of Nakafuji represents a composition according to instant claims 4-5 as well. Regarding Claim 9, Compound A-5 of Nakafuji (refer to the above structure) has a chemical formula of C69H48O3, which means that the molecular weight of Compound A-5 is 925.14 g/mol. Therefore, claim 9 is anticipated by Nakafuji. Regarding Claim 10, composition J-5 of Nakafuji comprises 10 parts by mass of compound A-5 and 100 parts by mass of the solvent (Nakafuji, Table 1 on page 24). Therefore, Nakafuji discloses a hardmask composition according to claim 1, wherein the compound is included in an amount of 0.1 wt% to 30 wt%, based on a total weight of the hardmask composition. Regarding Claim 11, Nakafuji discloses that composition J-5 includes compound A-5 and solvent B-1 (Nakafuji, Table 1 on page 24). Solvent B-1 is cyclohexanone (Nakafuji, paragraph 0236). Regarding Claims 12, Nakafuji discloses that the composition for film formation is used to form a coating film on a surface of a substrate (Nakafuji, paragraph 0176-0177). The coating film is baked at an elevated temperature as high as 400 °C (Nakafuji, paragraph 0186), which results in a cured film being formed. 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) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 20160085152 A1 (hereby referred to as Nakafuji) in view of US 20200024384 A1 (hereby referred to as Kim). Regarding Claims 13-14, Nakafuji discloses a composition according to instant claim 1, as explained above. Nakafuji further discloses that that the composition for film formation is used to form a coating film on a surface of a substrate (Nakafuji, paragraph 0176-0177). The coating film is baked at an elevated temperature as high as 400 °C (Nakafuji, paragraph 0186), which results in a cured film being formed. Whilst Nakafuji discloses a patterning and etching process (Nakafuji, paragraph 0188-0224), Nakafuji is silent in regards to a material layer. Kim teaches an organic layer composition and a method of forming patterns. The pattern forming method includes providing a material layer on a substrate, applying the organic layer composition comprising a polymer and a solvent on the material layer, heat-treating the organic layer composition to form a hardmask layer, forming a photoresist layer on the hardmask layer, exposing and developing the photoresist layer to form a photoresist pattern, selectively removing the photoresist layer to form a photoresist pattern, selectively removing the hardmask layer using the photoresist pattern to expose a part of the material layer, and etching an exposed part of the material layer (Kim, paragraph 0077). Heat treatment of the organic layer may be performed up to 700 °C (Kim, paragraph 0081). Nakafuji and Kim are analogous art because both references pertain to organic resist underlayer compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to perform the patterning forming method taught by Kim, using the composition disclosed by Nakafuji, because the pattern forming method allows for a semiconductor integrated circuit to be formed (Kim, paragraph 0086) and because the composition disclosed by Nakafuji provides superior flatness (Nakafuji, paragraph 0178). Claim(s) 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190300498 A1 (hereby referred to as Tachibana). Regarding Claims 1-9, Tachibana teaches a compound and a composition for forming an organic film, as well as a patterning process. The composition comprises a compound having the general formula (1-1) and an organic solvent (Tachibana, paragraph 0106). The compound having the general formula (1-1) is reproduced below (Tachibana, paragraph 0088). PNG media_image3.png 189 619 media_image3.png Greyscale In general formula (1-1), each Ar independently represents an aromatic ring that optionally has a substituent and B represents an anionic leaving group that is capable of forming a reactive cation due to effect or either heat and/or acid (Tachibana, paragraph 0088). More preferably, the compound has the structure of general formula (1-2), which is reproduced below (Tachibana, paragraph 0092). PNG media_image4.png 277 692 media_image4.png Greyscale In general formula (1-2), AR1 and AR2 represent an optionally substituted benzene ring, naphthalene ring, or a pyridine ring, the value of m is 0 or 1, X represents a linking group or single bond, Y represents an organic n-valent organic group, R represents hydrogen or a monovalent organic group, and the value of n is 2 to 4 (Tachibana, paragraph 0092). When the value of m in general formula (1-2) is zero, general formula (1-2) is analogous to Chemical Formula 1, as recited by instant claim 1, when R1 is an aromatic hydrocarbon group. Tachibana is silent in regards to explicitly disclosing a compound according to Chemical Formula 1. However, Tachibana broadly discloses general formula (1-2), which is of similar form to Chemical Formula 1 of the instant application. Furthermore, Tachibana provides a finite list of suitable options for AR1 and AR2 (benzene, naphthalene, or pyridine rings) and a finite list of values of m (0 or 1) (Tachibana, paragraph 0092). Similarly, Tachibana suggests hydrogen as a suitable option for R in general formula (1-2) (Tachibana, paragraph 0092). Tachibana further provides explicit examples of compounds according to general formula (1-2) (Tachibana, paragraph 0093), wherein the linking group Y includes benzene rings, naphthalene rings, and pyridine rings. It is apparent that from Tachibana’s broader disclosure, a person having ordinary skill in the art would be equipped with a finite number of identified, predictable potential solutions to a compound suitable for use as an organic underlayer film (e.g. a hardmask) providing heat resistance and good planarization of a pattern formed on a substrate (Tachibana, paragraph 0008), whilst also allowing for fine patterns to be formed (Tachibana, paragraph 0165). One having ordinary skill in the art would have a reasonable expectation of success as Tachibana demonstrates results with a variety of organic groups (see Tachibana, paragraph 0093), including those utilized in the instant application (such as benzene rings, naphthalene rings, and pyridine rings). Therefore, one or more of the compounds according to instant claims 1-9 are “obvious to try” in view of Tachibana’s broader disclosure. Refer to MPEP 2143 I. E. For instance, it would have been obvious to one having ordinary skill in the art before the filing date of the instant application, when presented with the disclosure of Tachibana, to start from general formula (1-2) and make selections for Y, AR1, AR2, R, m, and n (Tachibana, paragraph 0092) that are taught or suggested by Tachibana to obtain one or more of Chemical Formulae 2-4 according to instant claim 8. Tachibana provides suggestion for Y to be a benzene ring (see the examples in paragraph 0093 of Tachibana), teaches that AR1 and AR2 may be a benzene ring (Tachibana, paragraph 0092), teaches that R may be hydrogen (Tachibana, paragraph 0092), teaches m may be 0 (Tachibana, paragraph 0092), and teaches that n may be 2 (Tachibana, paragraph 0092). Therefore, Tachibana renders obvious the invention according to instant claims 1-9. Regarding Claims 10-11, Tachibana teaches that the composition for forming an organic underlayer film contains the aforementioned compound and an organic solvent (Tachibana, paragraph 0106). The organic solvent may be propylene glycol monomethyl ether acetate (PGMEA), propylene glycol monomethyl ether (PGME), 2-hepptanone, cyclopentanone, cyclohexanone, or a mixture of two or more of these solvents (Tachibana, paragraph 0108). Furthermore, the inventive examples show that 5 parts by mass of the compound are combined with 100 parts by mass of the solvent (see Table 1, paragraph 0200 of Tachibana). Thus, it would have been obvious to one having ordinary skill in the art before the filing date of the instant application to form the composition with a content of the compound according to Chemical Formula 1 being between 0.1 wt% and 30 wt% based on the total weight of the composition. Regarding Claim 12, Tachibana teaches that the composition can be formed into an organic film by applying the composition onto a substrate and heating the film to an elevated temperature up to 600 °C to produce a cured film (Tachibana, paragraph 0126-0127). Claim(s) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190300498 A1 (hereby referred to as Tachibana) as applied to claim 1 above, and further in view of US 20200024384 A1 (hereby referred to as Kim). Regarding Claims 13-14, Tachibana renders obvious a composition according to instant claim 1, as explained above. Tachibana further teaches that that the composition for film formation is used to form a coating film on a surface of a substrate (Tachibana, paragraph 0126-0127). The coating film is baked at an elevated temperature as high as 600 °C (Tachibana, paragraph 0127), which results in a cured film being formed. Whilst Tachibana teaches a patterning and etching process (Tachibana, paragraph 0139-0153), Tachibana is silent in regards to a material layer. Kim teaches an organic layer composition and a method of forming patterns. The pattern forming method includes providing a material layer on a substrate, applying the organic layer composition comprising a polymer and a solvent on the material layer, heat-treating the organic layer composition to form a hardmask layer, forming a photoresist layer on the hardmask layer, exposing and developing the photoresist layer to form a photoresist pattern, selectively removing the photoresist layer to form a photoresist pattern, selectively removing the hardmask layer using the photoresist pattern to expose a part of the material layer, and etching an exposed part of the material layer (Kim, paragraph 0077). Heat treatment of the organic layer may be performed up to 700 °C (Kim, paragraph 0081). Tachibana and Kim are analogous art because both references pertain to organic resist underlayer compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to perform the patterning forming method taught by Kim, using the composition rendered obvious by Tachibana, because the pattern forming method allows for a semiconductor integrated circuit to be formed (Kim, paragraph 0086) and because the composition rendered obvious by Tachibana prevents substrate corrosion and offers good planarizing characteristics (Tachibana, paragraph 0079). 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 /NICHOLAS A WANG/Primary Examiner, Art Unit 1734
Read full office action

Prosecution Timeline

Feb 27, 2024
Application Filed
Aug 18, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
52%
Grant Probability
86%
With Interview (+34.6%)
3y 9m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 129 resolved cases by this examiner. Grant probability derived from career allowance rate.

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