Prosecution Insights
Last updated: October 22, 2026
Application No. 18/626,242

RESIST UNDERLAYER COMPOSITION

Non-Final OA §103
Filed
Apr 03, 2024
Priority
Oct 18, 2023 — provisional 63/591,393
Examiner
COSGROVE, JAYSON D
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
1y 3m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
70 granted / 132 resolved
-12.0% vs TC avg
Strong +34% interview lift
Without
With
+33.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
29 currently pending
Career history
179
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
66.3%
+26.3% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 132 resolved cases

Office Action

§103
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 Interpretation Instant claim 16 depicts two different copolymer structures. The second structure is reproduced below. [AltContent: oval] PNG media_image1.png 300 291 media_image1.png Greyscale The specification similarly produces this structure in paragraph 0100. The Examiner does not find this structure to be improper, but notes that the presence of the ethylenically unsaturated group in the crosslinking group (refer to the circle in the above image) is unexpected. The Examiner suspects that the crosslinking group is provided in the form of a (meth)acrylate monomer, meaning that the ethylenically unsaturated group should instead by a carbonyl. However, due to the specification and the claims being in agreement, the copolymer structure is being interpreted as being correct as presented. The Examiner only presents this concern due to the unusual nature of the repeating unit associated with the crosslinking group. 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) 1-3, 6-12, 14-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210271166 A1 (hereby referred to as Zi) in view of US 20130045601 A1 (hereby referred to as Ogihara). Regarding Claims 1-3 and 6-10, Zi discloses a photoresist underlayer. The underlayer comprises a first polymer having acid-labile groups, a second polymer having one or more crosslinking groups, an acid generator, a quencher, and a solvent (Zi, paragraph 0025). The polymer with a crosslinking group includes a crosslinking group connected to the polymer chair by a connecting group (Zi, paragraph 0039). The polymer may be a polyhydroxystyrene, polyacrylate, or polymethylmethacrylate based polymer (Zi, paragraph 0040). Fig. 8A-8B of Zi shows the crosslinking group-containing polymer, which comprises functional groups described by claims 8-9 of the instant application, including hydroxy, alkene, and alkyne groups. However, Zi is silent in regards to a polymer having a silicon-containing group .Ogihara teaches a resist underlayer film forming composition. The composition comprises a first polymer (Component (A)) and a silicon-containing compound (Component (B)) (Ogihara, paragraph 0048). Component (A) includes at least one or more repeating units according to formulae (1-1a) and (1-1b) (Ogihara, paragraph 0049). The structure of formula (1-1b) is reproduced below. PNG media_image2.png 102 106 media_image2.png Greyscale In formula (1-1b), R7 is hydrogen or a methyl group; R8 represents a single bond or a divalent linking group; R5 is hydrogen or an organic C1-30 group; R6 is an alkyl group; and n is 0 to 2 (Ogihara, paragraph 0050). In the inventive examples, particularly Sol. 19 (refer to Table 8 on page 34 of Ogihara), component (A) is represented by formula A-4, which is shown on page 25 of Ogihara and reproduced below. PNG media_image3.png 435 562 media_image3.png Greyscale Formula A-4 represents a copolymer analogous to “the first polymer” according to instant claim 1. Particularly, the repeating unit containing silicon (Si) is a repeat unit according to instant claims 1-3 and 6. This repeating unit is derived from Monomer-113 (per Table 1 of Ogihara), the structure of which is shown on page 24 of Ogihara. Sol. 19 further includes propylene glycol ethyl ether (PGEE) as a solvent (refer to Table 8 on page 34 of Ogihara). Whilst the particular example does not include an acid generator, the broader disclosure of Ogihara teaches that the resist underlayer composition may further include a photoacid generator (Ogihara, paragraph 0134). Ogihara further teaches that the condensate product to produce component (A) is formed from the reaction of a compound represented by formula (1-2) (Ogihara, paragraph 0057). The formula (1-2) is similar to the structure recited by claim 7, and is identical when the value of x in the structure of claim 7 is 4. Ogihara teaches that monomers such as hafnium methoxide, hafnium ethoxide, and other hafnium organometallic monomers may be used (Ogihara, paragraph 0065). Likewise, methoxy tin, ethoxy tin, and other tin organometallic monomers may be used (Ogihara, paragraph 0066). Zi and Ogihara are analogous art because both references pertain to 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 further include a polymer having a silicon-containing group, as taught by Ogihara, in the underlayer composition disclosed by Zi because including the silicon-containing polymer provides optimized etching selectivity optimization between the resist underlayer and the photoresist film (Ogihara, paragraph 0047). Regarding Claims 11-12 and 14-15, Zi discloses a photoresist underlayer. The underlayer comprises a first polymer having acid-labile groups, a second polymer having one or more crosslinking groups, an acid generator, a quencher, and a solvent (Zi, paragraph 0025). The polymer with a crosslinking group includes a crosslinking group connected to the polymer chair by a connecting group (Zi, paragraph 0039). The polymer may be a polyhydroxystyrene, polyacrylate, or polymethylmethacrylate based polymer (Zi, paragraph 0040). Fig. 8A-8B of Zi shows the crosslinking group-containing polymer, which comprises functional groups described by claims 8-9 of the instant application, including hydroxy, alkene, and alkyne groups. However, Zi is silent in regards to a polymer having a silicon-containing group .Ogihara teaches a resist underlayer film forming composition. The composition comprises a first polymer (Component (A)) and a silicon-containing compound (Component (B)) (Ogihara, paragraph 0048). Component (A) includes at least one or more repeating units according to formulae (1-1a) and (1-1b) (Ogihara, paragraph 0049). The structure of formula (1-1b) is reproduced below. PNG media_image2.png 102 106 media_image2.png Greyscale In formula (1-1b), R7 is hydrogen or a methyl group; R8 represents a single bond or a divalent linking group; R5 is hydrogen or an organic C1-30 group; R6 is an alkyl group; and n is 0 to 2 (Ogihara, paragraph 0050). In the inventive examples, particularly Sol. 19 (refer to Table 8 on page 34 of Ogihara), component (A) is represented by formula A-4, which is shown on page 25 of Ogihara and reproduced below. PNG media_image3.png 435 562 media_image3.png Greyscale Formula A-4 represents a copolymer analogous to “the first polymer” according to instant claim 1. Particularly, the repeating unit containing silicon (Si) is a repeat unit according to instant claims 1-3 and 6. This repeating unit is derived from Monomer-113 (per Table 1 of Ogihara), the structure of which is shown on page 24 of Ogihara. Sol. 19 further includes propylene glycol ethyl ether (PGEE) as a solvent (refer to Table 8 on page 34 of Ogihara). Whilst the particular example does not include an acid generator, the broader disclosure of Ogihara teaches that the resist underlayer composition may further include a photoacid generator (Ogihara, paragraph 0134). Ogihara further teaches that the condensate product to produce component (A) is formed from the reaction of a compound represented by formula (1-2) (Ogihara, paragraph 0057). The formula (1-2) is similar to the structure recited by claim 7, and is identical when the value of x in the structure of claim 7 is 4. Ogihara teaches that monomers such as hafnium methoxide, hafnium ethoxide, and other hafnium organometallic monomers may be used (Ogihara, paragraph 0065). Likewise, methoxy tin, ethoxy tin, and other tin organometallic monomers may be used (Ogihara, paragraph 0066). Zi and Ogihara are analogous art because both references pertain to 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 produce a copolymer having a silicon-containing group, as taught by Ogihara, and a crosslinking group in the underlayer composition disclosed by Zi because including the silicon-containing polymer provides optimized etching selectivity optimization between the resist underlayer and the photoresist film (Ogihara, paragraph 0047). One having ordinary skill in the art would be motivated to produce a copolymer having both a silicon-containing group and a crosslinking group because producing a copolymer instead of two separate polymers allows for control over the properties provided by each pendant group and removes the need to synthesize two separate polymers. Regarding Claims 17-20, the combination of Zi and Ogihara renders obvious the resist underlayer composition described by instant claims 17-18 and 20, as described above in regards to claims 1, 6-7, and 9. Zi further discloses a method of manufacturing a semiconductor device (Zi, paragraph 0091). The method involves forming the resist underlayer over a semiconductor substrate having a later to be patterned disposed thereon, heating the underlayer to form a crosslinked photoresist underlayer, forming a photoresist layer over the underlayer, selectively exposing the photoresist layer to actinic radiation, and developing the photoresist layer to form a pattern (Zi, paragraph 0091-0092). Following development, the layer to be patterned is then etched using the photoresist layer pattern as an etching mask (Zi, paragraph 0092). Claim(s) 4-5, 13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210271166 A1 (hereby referred to as Zi) in view of US 20130045601 A1 (hereby referred to as Ogihara) as applied to claims 1 and 11 above, and further in view of US 20100167203 A1 (hereby referred to as Cho). Regarding Claims 4-5, 13, and 16, the combination of Zi and Ogihara renders obvious the resist underlayer composition according to instant claim 1, as explained above. Zi discloses that the polymer may comprise an epoxide group attached to an ester group (Zi, paragraph 0111), which is the crosslinking group shown in the first copolymer recited by instant claim 16. Ogihara teaches a silicon-containing polymer. However, Zi and Ogihara are both silent in regards to silsequioxanes. Cho teaches a resist underlayer composition. The composition comprises a solvent and an organosilane polymer (Cho, paragraph 0036). The organosilane polymer is produced from a two silane monomers (Cho, paragraph 0037). In one embodiment, the organosilane polymer has a repeat unit according to chemical formula 6 (Cho, paragraph 0056). The structure of this repeat unit is reproduced below. PNG media_image4.png 47 532 media_image4.png Greyscale Cho describes the above polymer as having a silsequioxane structure. The variable groups are defined in paragraphs 0057-0065 of Cho, and appropriate choices of these groups would yield one or more structures according to instant claims 4-5. For instance, the Ph1 and Ph2 groups may be phenyl rings, R3 may be a phenyl group, R4 may be hydrogen or an alkyl group, and the values of a, b, c, d, e, l, m, and n may be chosen appropriately to yield the structures of instant claims 4 and 5. Zi, Ogihara, and Cho are analogous art because each reference pertains to underlayer compositions. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use the silsequioxane polymer taught by Cho in place of the silicon-containing polymer disclosed by Ogihara in the method obtained by combining the teachings of Zi and Ogihara because a silsequioxane polymer can produce a resist underlayer composition that possess a low refractive index and a high light absorbance (Cho, paragraph 0078), thereby allowing for high resolution resist patterns to be formed (Cho, paragraph 0130). Claim(s) 4-5, 13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210271166 A1 (hereby referred to as Zi) in view of US 20130045601 A1 (hereby referred to as Ogihara) as applied to claims 1 and 11 above, and further in view of US 20180101095 A1 (hereby referred to as Lin). Regarding Claims 4-5, 13, and 16, the combination of Zi and Ogihara renders obvious the resist underlayer composition according to instant claim 1, as explained above. Zi discloses that the polymer may comprise an epoxide group attached to an ester group (Zi, paragraph 0111), which is the crosslinking group shown in the first copolymer recited by instant claim 16. Ogihara teaches a silicon-containing polymer. However, Zi and Ogihara are both silent in regards to silsequioxanes. Lin teaches a resist composition including a polymer having an acid-labile group (ALG) and a first silicon-containing unit (Lin, paragraph 0030). The silicon-containing unit includes silicon-oxygen bonds and may include a silsequioxane (Lin, paragraph 0034). Examples of suitable cage-type silsequioxanes are shown in Fig. 6B-6F of Lin (Lin, paragraph 0034). The structures of these silsequioxanes match those recited by instant claims 4-5, 13, and 16. The silicon-containing unit functions as an etching resistance enhancement unit (Lin, paragraph 0027). Zi, Ogihara, and Lin are analogous art because each reference pertains to photolithography methods comprising photosensitive materials. It would have been obvious to one having ordinary skill in the art before the filing date of the instant application to use silsequioxanes, such as those taught by Lin, as the silicon-containing group in the polymer obtained by combining the teachings of Zi and Ogihara because silsequioxanes function as etching resistance enhancement units and advantageously provided increased etching resistance (Lin, paragraph 0030). 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 /JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
Read full office action

Prosecution Timeline

Apr 03, 2024
Application Filed
Jun 27, 2024
Response after Non-Final Action
Oct 02, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12736873
METHODS FOR FABRICATING AN OPTICAL WAVEGUIDE AND A DISPLAY DEVICE AND PHOTOMASK USED THEREIN
4y 8m to grant Granted Sep 15, 2026
Patent 12699314
MULTILAYERED-REFLECTIVE-FILM-PROVIDED SUBSTRATE, REFLECTIVE MASK BLANK, REFLECTIVE MASK, METHOD OF MANUFACTURING REFLECTIVE MASK, AND METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE
5y 10m to grant Granted Aug 04, 2026
Patent 12699315
METHODS OF MANUFACTURING A PELLICLE HAVING GRAPHITE LAYER
4y 4m to grant Granted Aug 04, 2026
Patent 12693593
PATTERN FORMATION METHOD AND MANUFACTURING METHOD OF SEMICONDUCTOR DEVICE
4y 4m to grant Granted Jul 28, 2026
Patent 12693598
APPARATUS AND METHOD FOR PROCESSING SUBSTRATE
4y 3m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
53%
Grant Probability
87%
With Interview (+33.9%)
3y 9m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 132 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month