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 .
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 disclosure is objected to because of the following informalities: PAG-( on page 103) does not seem to be inventive.
Appropriate correction is required.
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 2-13 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.
The resist itself is not “the negative resist”, which lacks antecedent basis in claim 1. The disclosed resist develops a negative tone image when exposed and developed in an alkaline developer such as tetramethyl ammonium hydroxide (TMAH) due to the 60% or more hydroxy styrene content (see claim 8). Similar resist develop a positive image when developed in an alkaline developer, but a negative image when developed with an organic solvent.
See Hatakeyama et al. 20180267402 at [0052]
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.
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.
Claims 1-5,8 and 10-18 are rejected under 35 U.S.C. 102(a)(2) as being fully anticipated by Masunaga et al. 20250271760.
Masunaga et al. 20250271760 exemplifies PAG-3 and PAG-4
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which are combined with polymer P-4, quencher Q-1 and fluorinated polymer D-1 in resists R-87 and R-88 (see table 6, page 221).
Polymer P-4 includes repeating units from monomers (5/65/10/20),
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These are coated on a reflection photomask substrate, dried, and exposed using an electron beam, post baked and developed in TMAH to yield a positive pattern [0335-0337] and table 11.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kotake et al. 20190361348.
Kotake et al. 20190361348 exemplifies the sulfonate anion (page 8 and 44)
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which are bounded by formula (A),
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where n formula (A), X.sup.1 and X.sup.2 are each independently methylene, propane-2,2-diyl or ether bond. L is a single bond, ester bond, sulfonic acid ester bond, carbonate bond or carbamate bond, with the ester bond or sulfonic acid ester bond being preferred. R.sup.1 and R.sup.2 are each independently a C.sub.1-C.sub.20 monovalent hydrocarbon group which may contain a heteroatom. The monovalent hydrocarbon group may be straight, branched or cyclic. Examples include alkyl groups such as methyl, ethyl, propyl, isopropyl, n-butyl, sec-butyl, t-butyl, n-pentyl, t-pentyl, n-hexyl, n-octyl, n-nonyl, n-decyl; and monovalent saturated cycloaliphatic hydrocarbon groups such as cyclopentyl, cyclohexyl, 2-ethylhexyl, cyclopentylmethyl, cyclopentylethyl, cyclopentylbutyl, cyclohexylmethyl, cyclohexylethyl, cyclohexylbutyl, norbomyl, oxanorbornyl, tricyclo[5.2.1.0.sup.2,6]decanyl, and adamantyl. Preferably, R.sup.2 is at the ortho-position relative to the —SO.sub.3.sup.− group. This means that the —SO.sub.3.sup.− group which is an acid function site is blocked by steric bulkiness. An apparent effect of controlling acid diffusion is exerted. In formula (A), m.sup.1 is an integer of 0 to 2, and n.sup.1 is an integer satisfying 1≤n.sup.1≤5+2m.sup.1. From the aspect of dissolution control during development, m.sup.1 is preferably 0 or 1, especially 0. For the purpose of introducing a substituent group into the salt to impart appropriate bulkiness to the acid generated therefrom upon exposure, n.sup.1 is preferably an integer of 1 to 5, more preferably 1 to 3. In formula (A), m.sup.2 is an integer of 0 to 2, and n.sup.2 is an integer satisfying 0≤n.sup.2≤4+2m.sup.2. Preferably, m.sup.2 is 0 or 1, especially 0. For the purpose of introducing a substituent group into the salt to control the diffusion of the acid generated therefrom upon exposure, n.sup.2 is preferably an integer of 0 to 4, more preferably 2 or 3. In formula (A), m.sup.3 is 0 or 1, and n.sup.3 is an integer satisfying 0≤n.sup.3≤8+4m.sup.3. From the aspect of dissolution control during development, m.sup.3 is preferably 0. From the aspect of dissolution control during development, n.sup.3 is preferably an integer of 0 to 3, especially 0 or 1. In formula (A), examples of the aromatic ring structure to which the bridged ring-containing group and L are attached include structures having the formulae (A-1) to (A-13), but are not limited thereto [0049- 0057].
Resist R-6 (table 6) combines PAG 2, polymer A3, quencher Q-1. polymer A3 includes repeating units from (60/10/30)
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(pages 39-41)
Resist R-26 to R-31 are similar, but add a fluorinated polymer. Resist R-32 has two resist polymers one of which includes a PAG repeating unit, a fluorinated polymer and a crosslinker (table 7). These are coated upon a chromium mask blanks, exposed using electron beam, post baked and developed in TMAH to yields a negative pattern [0201-0204]. Pattern formation using the negative resist composition of the invention may be performed by well-known lithography processes. In general, the resist composition is first applied onto a processable substrate such as a substrate for IC fabrication (e.g., Si, SiO, SiO.sub.2, SiN, SiON, TiN, WSi, BPSG, SOG, organic antireflective coating, etc.) or a substrate for mask circuit fabrication (e.g., Cr, CrO, CrON, MoSi.sub.2, Si, SiO, SiO.sub.2, etc.) by a suitable coating technique such as spin coating. The coating is prebaked on a hotplate at a temperature of 60 to 150° C. for 1 to 20 minutes, preferably at 80 to 140° C. for 1 to 10 minutes to form a resist film of 0.03 to 2 μm thick [0176]. Then the resist film is exposed patternwise to high-energy radiation such as UV, deep UV, excimer laser (KrF, ArF), EUV, x-ray, γ-ray or synchrotron radiation through a mask having a desired pattern or directly by EB writing. The exposure dose is preferably 1 to 300 mJ/cm.sup.2, more preferably 10 to 200 mJ/cm.sup.2 in the case of UV, deep UV, excimer laser, EUV or x-ray, or 1 to 300 μC/cm.sup.2, more preferably 10 to 200 μC/cm.sup.2 in the case of EB [0177]. The addition of repeating units which includes PAG is disclosed [0116-0133].
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Kotake et al. 20190361348 does not exemplify a photoresist including a photoacid generator (PAG) bounded by formula (A) of the claims.
With respect to 1-5,8,10,12 and 13, it would have been obvious to one skilled in the art to modify the embodiment of Kotake et al. 20190361348 by modifying resists R-6 or R-26 to R-31 by replacing the anion of the photoacid generator (PAG-3)
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with an anion which is a structural isomer of
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where the sulfonic acid moiety is attached to the other phenyl ring based upon the disclosed equivalence taught at pages 7-9 which is bounded by formula (A) disclosed at [0049+] with a reasonable expectation of forming a useful photoresist.
With respect to 1-5,8 and 10-13, it would have been obvious to one skilled in the art to modify the embodiment of Kotake et al. 20190361348 by modifying resists R-26 to R-31 by replacing the anion of the photoacid generator (PAG-3)
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with an anion which is a structural isomer of
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where the sulfonic acid moiety is attached to the other phenyl ring based upon the disclosed equivalence taught at pages 7-9 which is bounded by formula (A) disclosed at [0049+] with a reasonable expectation of forming a useful photoresist.
With respect to 1-5,8,9 and 11-13, it would have been obvious to one skilled in the art to modify the embodiment of Kotake et al. 20190361348 by modifying resists R-32 by replacing the anion of the photoacid generator (PAG-3)
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with an anion which is a structural isomer of
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where the sulfonic acid moiety is attached to the other phenyl ring based upon the disclosed equivalence taught at pages 7-9 which is bounded by formula (A) disclosed at [0049+] with a reasonable expectation of forming a useful photoresist.
With respect to 1-18, in addition to the basis above, it would have been obvious to use the modified resists rendered obvious above by using it in the processes of the examples with a reasonable expectation of forming a useful photoresist pattern on the substrate.
With respect to 1-18, in addition to the basis above, it would have been obvious to use the modified resists rendered obvious above by using it in the processes of the examples where the photomask substrate includes MoSi.sub.2, Si, SiO, and/or SiO.sub.2 as taught at [0176] with a reasonable expectation of forming a useful photoresist pattern on the substrate.
The applicant should consider amending the claims to be commensurate with the showing of the inventive and comparative examples.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. 20180267402.
Hatakeyama et al. 20180267402 exemplifies sulfonate PAG anions
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on page 28. Example 2-6 combines polymers 3, sulfonium salt 11 (as the quencher) and solvents (table 2, page 68). Other examples add a fluorinated polymer (see table 1)
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The resist is coated upon a silicon wafer, dried, exposed using EUV, post exposure baked, developed in TMAH [0157-0160]. For example, the positive resist composition is first applied onto a substrate on which an integrated circuit is to be formed (e.g., Si, SiO.sub.2, SiN, SiON, TiN, WSi, BPSG, SOG, or organic antireflective coating) or a substrate on which a mask circuit is to be formed (e.g., Cr, CrO, CrON, MoSi.sub.2, or SiO.sub.2) by a suitable coating technique such as spin coating, roll coating, flow coating, dipping, spraying or doctor coating. The coating is prebaked on a hotplate at a temperature of 60 to 150° C. for 10 seconds to 30 minutes, preferably 80 to 120° C. for 30 seconds to 20 minutes. The resulting resist film is generally 0.01 to 2.0 μm thick [0136]. The resist film is then exposed to a desired pattern of high-energy radiation such as UV, deep-UV, EB, EUV, x-ray, soft x-ray, excimer laser light, γ-ray or synchrotron radiation, directly or through a mask having the desired pattern. The exposure dose is preferably about 1 to 200 mJ/cm.sup.2, more preferably about 10 to 100 mJ/cm.sup.2, or about 0.1 to 100 K/cm.sup.2, more preferably about 0.5 to 50 μC/cm.sup.2. The resist film is further baked (PEB) on a hotplate at 60 to 150° C. for 10 seconds to 30 minutes, preferably 80 to 120° C. for 30 seconds to 20 minutes [0137]. n an alternative embodiment, a negative pattern may be formed via organic solvent development using a positive resist composition comprising a base polymer having an acid labile group. The developer used herein is preferably selected from among 2-octanone, 2-nonanone, 2-heptanone, 3-heptanone, 4-heptanone, 2-hexanone, 3-hexanone, diisobutyl ketone, methylcyclohexanone, acetophenone, methylacetophenone, propyl acetate, butyl acetate, isobutyl acetate, pentyl acetate, butenyl acetate, isopentyl acetate, propyl formate, butyl formate, isobutyl formate, pentyl formate, isopentyl formate, methyl valerate, methyl pentenoate, methyl crotonate, ethyl crotonate, methyl propionate, ethyl propionate, ethyl 3-ethoxypropionate, methyl lactate, ethyl lactate, propyl lactate, butyl lactate, isobutyl lactate, pentyl lactate, isopentyl lactate, methyl 2-hydroxyisobutyrate, ethyl 2-hydroxyisobutyrate, methyl benzoate, ethyl benzoate, phenyl acetate, benzyl acetate, methyl phenylacetate, benzyl formate, phenylethyl formate, methyl 3-phenylpropionate, benzyl propionate, ethyl phenylacetate, and 2-phenylethyl acetate, and mixtures thereof [0139]. The base polymer is free of an acid labile group. The resist composition may further comprise a crosslinker. The resist composition is typically a chemically amplified negative resist composition [0027] The onium salt of iodized benzene-containing sulfonic acid exerts a LWR reducing effect, which may stand good either in positive and negative tone pattern formation by alkaline development or in negative tone pattern formation by organic solvent development [0052].
Hatakeyama et al. 20180267402 does not exemplify a photoresist including a photoacid generator (PAG) bounded by formula (A) of the claims.
With respect to 1-8,10 and 13, it would have been obvious to one skilled in the art to modify the embodiment of Hatakeyama et al. 20180267402 by modifying resist of example 2-6 by replacing the anion of the quencher (sulfonium 11)
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with anions
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based upon the disclosed equivalence taught at pages 21-29 with a reasonable expectation of forming a useful photoresist.
With respect to 1-13, it would have been obvious to one skilled in the art to modify the embodiment of Hatakeyama et al. 20180267402 by modifying resist of example 2-6 by replacing the anion of the quencher (sulfonium 11)
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with anions
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based upon the disclosed equivalence taught at pages 21-29 and adding another quencher as taught at [0115-0119], a fluorine containing polymer as taught in the examples and at [0132-0134] and/or a crosslinker as taught at [0027] with a reasonable expectation of forming a useful photoresist.
With respect to 1-16, in addition to the basis above, it would have been obvious to use the modified resists rendered obvious above by using it in the processes of the examples with a reasonable expectation of forming a useful photoresist pattern on the substrate.
With respect to 1-18, in addition to the basis above, it would have been obvious to use the modified resists rendered obvious above by using it in the processes of the examples where a photomask substrate includes Cr, CrON, CrO, MoSi.sub.2, Si, SiO, and/or SiO.sub.2 as taught at [0136] with a reasonable expectation of forming a useful photoresist pattern on the substrate.
The applicant should consider amending the claims to be commensurate with the showing of the inventive and comparative examples. Also the iodized PAGs have increased sensitivity to EUV based upon their increased absorption cross section, which the hydrocarbyl groups rely upon steric effects, so the arguments for patentability may also diverge.
Claims 1-8 and 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kotake et al. 20180180992.
Kotake et al. 20180180992 exemplifies a sulfonium PAG anion.
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(page 28).
Resist R-5 teaches the combination of photoacid generator PAG-C with
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with
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, a quencher and solvents (table 1). This is coated upon a silicon oxide photomask blank, dried, exposed using an electron beam, post baked and developed in TMAH to yield a positive pattern [0165-0169]. Pattern formation using the resist composition of the invention may be performed by well-known lithography processes. In general, the resist composition is first applied onto a processable substrate such as a substrate for IC fabrication (e.g., Si, SiO, SiO.sub.2, SiN, SiON, TiN, WSi, BPSG, SOG, organic antireflective coating, etc.) or a substrate for mask circuit fabrication (e.g., Cr, CrO, CrON, MoSi.sub.2, Si, SiO, SiO.sub.2, etc.) by a suitable coating technique such as spin coating. The coating is prebaked on a hotplate at a temperature of 60 to 150° C. for 1 to 20 minutes, preferably at 80 to 140° C. for 1 to 10 minutes to form a resist film of 0.03 to 2 μm thick [0130]. Polymer bound PAGs are disclosed at [0091-0104] as suppressing acid diffusion.
Kotake et al. 20180180992 does not exemplify a photoresist including a photoacid generator (PAG) bounded by formula (A) of the claims.
With respect to 1-5,8 and 10-13, it would have been obvious to one skilled in the art to modify the embodiment of Kotake et al. 20180180992 by modifying resists R-5 by replacing the anion of the photoacid generator (PAG-C)
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with an anion which is a structural isomer of
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where the sulfonic acid moiety is attached to the other phenyl ring based upon the disclosed equivalence taught at pages 26-31 with a reasonable expectation of forming a useful photoresist.
With respect to 1-8 and 10-13, it would have been obvious to one skilled in the art to modify the embodiment of Kotake et al. 20180180992 by modifying resists R-5 by replacing the anion of the photoacid generator (PAG-C)
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with an anion which is a structural isomer of
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where the sulfonic acid moiety is attached to the other phenyl ring based upon the disclosed equivalence taught at pages 26-31 and adding a polymer bound PAG as taught at [009100104] to reduce acid diffusion with a reasonable expectation of forming a useful photoresist.
With respect to 1-8 and 10-18, in addition to the basis above, it would have been obvious to use the modified resists rendered obvious above by using it in the processes of the examples with a reasonable expectation of forming a useful photoresist pattern on the substrate.
With respect to 1-8 and 10-18, in addition to the basis above, it would have been obvious to use the modified resists rendered obvious above by using it in the processes of the examples where the photomask substrate includes MoSi.sub.2, Si, SiO, and/or SiO.sub.2 as taught at [0130] with a reasonable expectation of forming a useful photoresist pattern on the substrate.
The applicant should consider amending the claims to be commensurate with the showing of the inventive and comparative examples.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 18/404506 (20240280900). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-5 claims the same photoacid generator (PAG) and claims 6-16 claim this in a chemically amplified resist including that PAG and claims 17-20 recite the resist coated on substrates including photomasks.
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The claims of the instant application are obvious over the claims of the co-pending applicant which recite the same features amongst different claims
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Daisuke et al. 20190010119,. Kotake et al. 20220269174, Hatakeyama et al. TW-I664162 (machine translation attached), 20250110400, 20250085630 and Masunaga et al. 20220308451 are similar to the references applied.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ching-Yu (Coris) Fung can be reached at 571-270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 October 6, 2026
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