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 .
The amendments to the specification and figures are approved. Rejection of the previous action not repeated below are withdrawn based upon the arguments and amendment of the applicant. Responses to the arguments are presented after the first rejection they are directed to.
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)(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 8-13 and 15-17 and 19-21 are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kuo et al. 20240302735
Kuo et al. 20240302735 illustrates in figure 3B, a bundle (20) of single-walled or multi-walled nanotubes (10) formed of a first material and the bundle is wrapped by co-axially wrapped layers (30) of a second material. [0032-0033]. As shown in FIGS. 3A and 3B, in some embodiments, the first material used to form nanotubes 10 includes a carbon-based nanotube (CNT) material, and the second nanotube material used to form co-axial wrapping layers 30 includes BN nanotube (BNNT) material. In some embodiments, the first material used to form the nanotubes 10 includes a carbon based material, and the second material used to form the co-axial wrapping layers 30 includes non-carbon based materials, such as BN, hBN, SiC, MoS.sub.2, MoSe.sub.2, WS.sub.2, WSe.sub.2, SnS.sub.2, SnS, ZrO.sub.2, ZrO or TiO.sub.2. In some embodiments, the first material used to form the nanotubes 10 and the second material used to form the co-axial wrapping layers 30, different from each other, are respectively selected from C, BN, hBN, SiC, MoS.sub.2, MoSe.sub.2, WS.sub.2, WSe.sub.2, SnS.sub.2, SnS, ZrO.sub.2, ZrO or TiO.sub.2. In some embodiments, an amount of any of the first material used to form the nanotubes 10 and the second material used to form the co-axial wrapping layers 30 is greater than 10% of a total amount thereof by weight, and in other embodiments, the amount of any of the first material and the second material is greater than 15% of the total amount thereof by weight [0035].
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In some embodiments, as shown in FIG. 3C, when the inner (or innermost) diameter D of the plurality of multiwall nanotubes 10 is equal to or less than 2 nm (D≤2 nm), the plurality of nanotubes 10 do not include any layers 30′ of the second nanotube material or any layers 40′ of the third nanotube material filled within innermost walls of the plurality of nanotubes 10 [0039].
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In other embodiments, as shown in FIG. 3D, when the inner (or innermost) diameter D of the plurality of multiwall nanotubes 10 is greater than 2 nm (D>2 nm), the plurality of nanotubes 10 of the first material includes one or more layers 30′ of the second nanotube material filled within inner-most walls of the plurality of nanotubes 10. Furthermore, when the inner (or innermost) inner diameters D′ of the one or more layers 30′ of the second nanotube material within innermost walls of the plurality of multi-wall nanotubes 10 of the first material are greater than 2 nm, the plurality of nanotubes 10 of the first material includes one or more layers 40′ of the third nanotube material within innermost walls of the one or more layers 30′ of the second nanotube material [0039].
A nanotube is a one dimensional (1D) elongated nanotube having a dimeter in a range from about 0.5 nm to about 100 nm, and in other embodiments, the dimeter of the 1D elongated nanotube is in a range from about 10 nm to about 1000 um [0021]. In some embodiments, a diameter of the innermost nanotube is in a range from about 0.5 nm to about 20 nm and is in a range from about 1 nm to about 10 nm in other embodiments. In some embodiments, a diameter of the multiwall nanotubes (i.e., diameter of the outermost tube) is in a range from about 3 nm to about 40 nm and is in a range from about 5 nm to about 20 nm in other embodiments. In some embodiments, a length of the multiwall nanotube is in a range from about 0.5 μm to about 50 μm and is in a range from about 1.0 μm to about 20 μm in other embodiments. [0030]. In other embodiments, as shown in FIG. 3B, when the inner (or innermost) diameter D of the plurality of multi-wall nanotubes 10 is greater than 2 nm (D>2 nm), the plurality of nanotubes 10 of the first material further includes one or more layers 30′ of the second material filled within inner-most walls of the plurality of nanotubes 10 [0034,0039]
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The examiner holds that the teachings of the reference with respect to figures 3B and 3D and the associated would clearly envision a pellicle structure with a frame (15) and membrane (100) of nanotube bundles where the nanotube bundles have the structures shown in figures 3B and 3D where material (30’ or 40’) is a multiwall of one of BN, hBN, SiC, MoS.sub.2, MoSe.sub.2, WS.sub.2, WSe.sub.2, SnS.sub.2, SnS, ZrO.sub.2, ZrO or TiO.sub.2, the outer/walls layers of the nanotubes (10) which are illustrated differently, being carbon and the axial wrapping layer (30 or 40) is multiwall of one of BN, hBN, SiC, MoS.sub.2, MoSe.sub.2, WS.sub.2, WSe.sub.2, SnS.sub.2, SnS, ZrO.sub.2, ZrO or TiO.sub.2, thereby anticipating the claims. Note that the ID of the nanotubes (10) is 2 nm or more, which is within the
If this position is not upheld, the examiner asserts that it would have been obvious to one skilled in the art to form a pellicle membrane (100) on a frame (15) where the membrane is composed of nanotube bundles where the nanotube bundles have the structures shown in figures 3B and 3D where material (30’ or 40’) is a multiwall of one of BN, hBN, SiC, MoS.sub.2, MoSe.sub.2, WS.sub.2, WSe.sub.2, SnS.sub.2, SnS, ZrO.sub.2, ZrO or TiO.sub.2, the outer/walls layers of the nanotubes (10) which are illustrated differently, being carbon and the axial wrapping layer (30 or 40) is multiwall of one of BN, hBN, SiC, MoS.sub.2, MoSe.sub.2, WS.sub.2, WSe.sub.2, SnS.sub.2, SnS, ZrO.sub.2, ZrO or TiO.sub.2, as taught at [0035-0039]. thereby anticipating the claims with a reasonable expectation of forking a useful pellicle.
The examiner points to figures 3B and 3D to show the heterostructure of the nanotubes.
Claims 8-17 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu et al. 20220260932, in view of Lima et al. WO 2025/075913
Hsu et al. 20220260932 in FIG. 4 illustrates a cross-sectional view of the membrane 306, constructed in accordance with some embodiments. The membrane 306 includes a transparent layer 402 or core material layer of one or more materials including silicon, such as polycrystalline silicon (poly-Si), amorphous silicon (a-Si), doped silicon (such as phosphorous doped silicon SiP or SiC) or a silicon-based compound, such as SiN or MoSi.sub.xN.sub.y or combination (SiN/MoSiN). Alternatively, the transparent layer 402 includes polymer, graphene, carbon network membrane, carbon nanotubes, silicon carbon nanotube, boron nitride nanotube, carbon nanotube bundles or other suitable material, including bundles of nanotubes. In some embodiments, the membrane 306 is characterized by the absence of oxygen containing materials, e.g., SiO.sub.2. Membranes 306 without oxygen containing materials are less susceptible to degradation caused by H.sup.+ radicals that membranes 306 are exposed to during the photolithography process or during maintenance of the photolithography system. When a membrane 306 containing oxygen containing materials, such as SiO.sub.2 is exposed to H+ radicals, peeling of coatings provided on the SiO.sub.2 has been observed. The transparent layer 402 has a thickness with enough mechanical strength, but in some embodiments, not a thickness that degrades the transparency of the membrane to extreme ultraviolet radiation from the radiation source by more than 15% in some embodiments, more than 10% in some embodiments or more than 5% in some embodiments. In some examples, the transparent layer 402 has a thickness ranging between 30 nm and 50 nm [0042]. FIG. 5B is an illustration of a covering layer on an external surface and on an internal surface of a nanotube in accordance with embodiments of the present disclosure. FIG. 5B is an illustration of a cross-section of a coated carbon nanotube in accordance with embodiments of the present disclosure. FIG. 5B illustrates how in accordance with some embodiments of the present disclosure, both the external surface 504 of carbon nanotube 500 and the internal surface 506 of carbon nanotube 500 are coated with coating material 502 [0010,0066]. Figurer 6B is a cross-sectional view of a nanotube bundle including a covering layer in accordance with embodiments of the present disclosure. Referring to FIG. 6B, in accordance with embodiments of the present disclosure, the nanotube bundle 602 is coated with or surrounded by a coating layer 604. The description of materials useful for coating layers 404 and 406 above is applicable to the materials used for coating layer 604. In the embodiment illustrated in FIG. 6B, the coating layer 604 is shown as surrounding the nanotube bundle 602 but is not covering all of the surfaces of the individual nanotubes 600a-600g. In accordance with other embodiments, coating layer 604 coats more of the surfaces of the individual nanotubes 600a-600b than is depicted in FIG. 6B. For example, coating layer 604 can coat the surfaces of nanotubes 600a-600e and 600g that are exposed on the exterior of the nanotube bundle 602. In such embodiment, the outer surface of nanotube 600f is not coated with coating layer 604. In other embodiments, the outer surface of each of the seven nanotubes 600a-600g are coated with the material making up coating layer 604. In other embodiments the transparent layer includes individual nanotubes that have been partially or completely coated with coating layer 604, bundled to form nanotube bundle 602 and then the nanotube bundle is coated/surrounded with an additional layer of coating material 604. In some embodiments, the coating layer 604 covers the entire surface of the nanotube upon which it resides; however, in other embodiments, the coating layer covers less than the entire surface of the nanotube upon which it resides [0070]. In some embodiments, the coating layer 404 includes boron (B), boron nitride (BN), boron silicon nitride (BNSi), boron carbide (B4C), boron silicon carbide (BCSi), silicon mononitride (SiN), silicon nitride (Si3N4), silicon dinitride (SiN2), silicon carbide (SiC), silicon carbon nitride (SiCxNy), niobium (Nb), niobium nitride (NbN), niobium monosilicide (NbSi), niobium silicide (NbSi2), niobium silicon nitride (NbSiN), niobium titanium nitride (NbTixNy), zironcium nitride (ZrN), zirconium fluoride (ZrF4), yttrium nitride (YN), yttrium fluoride (YF), molybdenum (Mo), molybdenum nitride (MoN2), molybdenum carbide (Mo4C and Mo2C), molybdenum silicide (MoSi2), molybdenum silicon nitride (MoSixNy), ruthenium-niobium alloys (RuNb), ruthenium silicon nitride (RuSiN), titanium nitride (TiN), titanium carbon nitride (TiCxNy), hafnium nitride (HfNx), hafnium fluoride (HfF4) or vanadium nitride (VN). Materials for coating layer 404 exclude materials that include higher valence oxides, such as TiO.sub.2, V.sub.2O.sub.5, ZrO.sub.2, Ta.sub.2O.sub.5, MoO.sub.3, WO.sub.3, CeO.sub.2, Er.sub.2O.sub.3, SiO.sub.2, Y.sub.2O.sub.3, Nb.sub.2O.sub.5, V.sub.2O.sub.3 and HfO.sub.2. In some embodiments, materials for coating layer 404 are selected from materials that do not include higher valence oxides, such as boron (B), boron silicon nitride (BNSi), silicon nitride (Si3N4), silicon dinitride (SiN2), niobium (Nb), niobium nitride (NbN), niobium monosilicide (NbSi), niobium silicide (NbSi2), niobium silicon nitride (NbSiN), niobium titanium nitride (NbTixNy), zironcium nitride (ZrN), zirconium fluoride (ZrF4), yttrium nitride (YN), yttrium fluoride (YF), molybdenum (Mo), molybdenum nitride (MoN2), molybdenum silicide (MoSi2), molybdenum silicon nitride (MoSixNy), ruthenium-niobium alloys (RuNb), ruthenium silicon nitride (RuSiN), titanium nitride (TiN), titanium carbon nitride (TiCxNy), hafnium nitride (HfNx), hafnium fluoride (HfF4) or vanadium nitride (VN). In some embodiments, materials for coating layer 404 are selected from materials that do not include ruthenium or molybdenum, such as boron (B), boron silicon nitride (BNSi), silicon nitride (Si3N4), silicon dinitride (SiN2), niobium (Nb), niobium nitride (NbN), niobium monosilicide (NbSi), niobium silicide (NbSi2), niobium silicon nitride (NbSiN), niobium titanium nitride (NbTixNy), zironcium nitride (ZrN), zirconium fluoride (ZrF4), yttrium nitride (YN), yttrium fluoride (YF), titanium nitride (TiN), titanium carbon nitride (TiCxNy), hafnium nitride (HfNx), hafnium fluoride (HfF4) or vanadium nitride (VN). In some embodiments, the coating layer 404 includes boron silicon nitride (BNSi), boron silicon carbide (BCSi), molybdenum carbide (Mo4C) or molybdenum carbide (Mo2C).[0055- 0058].
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In accordance with embodiments of the present disclosure, the carbon nanotubes are single wall nanotubes or multi-walled nanotubes. In some embodiments, the nanotubes are carbon nanotubes. The nanotubes may be oriented nanotubes or they may be non-oriented nanotubes [0065]. The transparent layer 402 has a thickness with enough mechanical strength, but in some embodiments, not a thickness that degrades the transparency of the membrane to extreme ultraviolet radiation from the radiation source by more than 15% in some embodiments, more than 10% in some embodiments or more than 5% in some embodiments. In some examples, the transparent layer 402 has a thickness ranging between 30 nm and 50 nm [0042].
Lima et al. WO 2025/075913 teaches EUV pellicles based upon carbon nanotubes and carbon nanotube films. A single-wall (or walled) CNT (SWCNT) is made of a single graphene sheet. A double-wall (or walled) CNT (DWCNT) is made of two graphene sheets. Lastly, a multi-wall (or walled) CNT (MWCNT) has multiple graphene sheets. The multi-wall CNTs herewith refer to carbon nanotubes having three or more walls. Other types of CNTs may include, but are not limited to, coaxial nanotubes, conical carbon nanotubes, closed carbon nanotubes, boron nitride nanotubes, and composite coaxial nanotubes of graphene layer(s) and boron nitride layer(s) The CNTs may also exist individually, separated from others, or form bundles. A bundle may include the same type or different types of CNTs, such as SWCNTs with DWCNTs, SWCNTs with MWCNTs, DWCNTs with MWCNTs, etc. Within a bundle, CNTs may have different lengths and diameters. Each bundle, having two or more CNTs, may be aligned in parallel, at least for a portion of their entire lengths. For simplicity and convenience, CNTs in this application may refer to different types of CNTs, for example, different numbers of walls, and include CNTs existing individually or in bundles. As used herein, nanofiber may exemplarily refer to a fiber having a diameter of less than 1.Math.m. Nanofiber and nanotube are used interchangeably and may encompass SWCNTs, DWCNTs, MWCNTs, and other carbon allotropes in which carbon atoms are linked together to form a cylindrical structure [0052]. Among several possible methods to fabricate free-standing thin films, a filtration-based approach was utilized to produce membrane films from small-size films to sufficiently large films having at least two regions for each film with a uniform film thickness or light transmission rate for each region of the at least two regions. A film’s uniform thickness generally correlates to a film’s even light transmission. This filtration-based method allows for the quick manufacturing of films not only of CNTs but also other high aspect ratio nanoparticles and nanofibers, such as boron nitride nanotubes (BNNT) or silver nanowires (AgNW). Since this approach separates the nanotubes or nanoparticle syntheses and the film manufacturing processes, a variety of nanofiber materials produced by virtually any method may be used individually or combined. Different types of nanotubes (SWCNTs, DWCNTs, MWCNTs, or carbon allotropes) may be mixed in any desired ratio. As filtration can be a self-leveling process in the sense that non- uniformities of film thickness during the filtration process are self-corrected by the dynamic variations of local permeability and, therefore, a highly desirable film formation process, it is also a promising candidate for the production of highly uniform films. The self-leveling process may further ensure that the nanoparticles or nanofibers are evenly distributed under a same filtration condition and evenly deposited in an orderly manner [0054]. Any pellicle films produced, to be produced, processed, or to be processed by all means, including any various carbon nanofiber surface modifications, including but not limited to coating or other means of disposing of {P7218806336706.DOCX} 15 one or more metal elements, metal oxides, graphene sheets, or CNT surface modifiers, annealing, or a combination thereof on carbon nanofibers and/or CNT films [0061]
Hsu et al. 20220260932 does not exemplify a pellicle including the bundled nanotubes of figure 6B where the bundled nanotubes are carbon/inorganic heterostructures and surrounded by 2D materials and the hetero2D materials are BN, SiC, MoS2, MoSe2, WS2, WSe2, SnS2, SnSe, ZrO2, ZrO and/or TiO2.
With respect to claims 8-13,15-17 and 19-21, it would have been obvious to one skilled in the art to modify the embodiments of Hsu et al. 20220260932 to form a pellicle including bundles of multiwall silicon carbide/carbon nanotube or multiwall boron nitride/carbon nanotubes based upon the teachings of composite coaxial nanotubes in [0052] of Lima et al. WO 2025/07591, noting the disclosure of carbon, silicon carbide and boron nitride at [0042] of Hsu et al. 20220260932 and to over coat these bundles with materials such as boron nitride or silicon carbide as taught at [0055] of Hsu et al. 20220260932 and to mount the resulting pellicle membrane on a frame as taught with respect to figures 3B and 3C of Hsu et al. 20220260932 with a reasonable expectation of forming a useful pellicle. The internal diameter of the CNTs
With respect to claims 8-17 and 19-21, it would have been obvious to one skilled in the art to modify the embodiments of Hsu et al. 20220260932 to form a pellicle including bundles of silicon carbide/carbon nanotube or boron nitride/carbon nanotubes based upon the teachings of composite coaxial nanotubes in [0052] of Lima et al. WO 2025/07591, noting the disclosure of carbon, silicon carbide and boron nitride at [0042] of Hsu et al. 20220260932 and to over coat these bundles with materials such as boron nitride or silicon carbide as taught at [0055] of Hsu et al. 20220260932 and to mount the resulting pellicle membrane on a frame as taught with respect to figures 3B and 3C of Hsu et al. 20220260932 and forming the pellicle membrane with a thickness of 30 nm and 50 nm disclosed at [0042] of Hsu et al. 20220260932 with a reasonable expectation of forming a useful pellicle
The examiner points to the teachings of composite/.heterostructured nanotubes in Lima et al. WO 2025/07591
Claims 8-17 and 19-21 are rejected under 35 U.S.C. 103 as obvious over Kuo et al. 20240302735, in view of Hsu et al. 20220260932
Kuo et al. 20240302735 does not exemplify or fairly teach a pellicle bounded by the claims which have a membrane thickness of 1-100 nm.
In addition to the basis above and specifically addressing claim 14, it would have been obvious to modify the pellicles anticipated or rendered obvious by the teachings of Kuo et al. 20240302735 by forming the pellicle membrane with a thickness of 30 nm and 50 nm disclosed at [0042] of Hsu et al. 20220260932 with a reasonable expectation of forming a useful pellicle.
Claims 17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Chao et al. 20230044415.
Chao et al. 20230044415 teaches pellicles composed of multiwalled nanotubes. In some embodiments, each of the nanotubes of the multiwall nanotube is one selected from the group consisting of a carbon nanotube, a boron nitride nanotube, a transition metal dichalcogenide (TMD) nanotube, where TMD is represented by MX.sub.2, where M is one or more of Mo, W, Pd, Pt, or Hf, and X is one or more of S, Se or Te. In some embodiments, at least two of the tubes of the multiwall nanotube are made of different material from each other. In some embodiments, adjacent two layers (tubes) of the multiwall nanotube are made of different material from each other. In some embodiments, the multiwall nanotube includes three co-axially layered tubes made of different materials from each other. In other embodiments, the multiwall nanotube includes three co-axially layered tubes, in which the innermost tube (first tube) and the second tube surrounding the innermost tube are made of different materials from each other, and the third tube surrounding the second tube is made of the same material as or different material from the innermost tube or the second tube. In some embodiments, the multiwall nanotube includes four co-axially layered tubes each made of different materials A, B or C. In some embodiments, the materials of the four layers are from the innermost (first) tube to the fourth tube, A/B/A/A, AB/AB, AB/A/C, A/B/B/A, A/B/B/B, A/B/B/C, AB/C/A, A/B/C/B, or A/B/C/C. In some embodiments, all the tubes of the multiwall nanotube are crystalline nanotubes. In other embodiments, one or more tubes are a non-crystalline (e.g., amorphous) layer wrapping around the one or more inner tubes. In some embodiments, the outermost tube is made of, for example, a layer of HfO.sub.2, Al.sub.2O.sub.3, ZrO.sub.2, Y.sub.2O.sub.3, La.sub.2O.sub.3, B.sub.4C, YN, Si.sub.3N.sub.4, BN, NbN, RuNb, YF.sub.3, TiN, ZrN. Ru, Nb, Y, Sc, Ni, Mo, W, Pt, or Bi. In some embodiments, the outermost layer is made of the same material as the protection layer 40. In some embodiments, a diameter of the innermost nanotube is in a range from about 0.5 nm to about 20 nm and is in a range from about 1 nm to about 10 nm in other embodiments. In some embodiments, a diameter of the multiwall nanotubes (i.e., diameter of the outermost tube) is in a range from about 3 nm to about 40 nm and is in a range from about 5 nm to about 20 nm in other embodiments. In some embodiments, a length of the multiwall nanotube is in a range from about 0.5 μm to about 50 μm and is in a range from about 1.0 μm to about 20 μm in other embodiments [0041-0045]. The number of tubes of the multiwall nanotubes is not limited to three. In some embodiments, the multiwall nanotube has two co-axial nanotubes as shown in FIG. 2C, and in other embodiments, the multiwall nanotube includes the innermost tube 210 and the first to N-th nanotubes including the outermost tube 200N, where N is a natural number from 1 to about 20, as shown in FIG. 2D. In some embodiments, N is up to 10 or up to 5. In some embodiments, at least one of the first to the N-th outer layers is a nanotube coaxially surrounding the innermost nanotube 210. In some embodiments, two of the innermost nanotubes 210 and the first to the N-th outer layers 220, 230, . . . 200N are made of different materials from each other. In some embodiments, N is at least two (i.e., three or more tubes), and two of the innermost nanotubes 210 and the first to the N-th outer tubes 220, 230, . . . 200N are made of the same materials. In other embodiments, three of the innermost nanotubes 210 and the first to the N-th outer tubes 220, 230, . . . 200N are made of different materials from each other [0040]. In some embodiments, the nanotubes in the main network membrane 100 include multiwall nanotubes, which are also referred to as co-axial nanotubes. FIG. 2A shows a perspective view of a multiwall co-axial nanotube having threes tubes 210, 220 and 230 and FIG. 2B shows a cross sectional view thereof. In some embodiments, the inner tube 210 is a carbon nanotube, and two outer tubes 220 and 230 are boron nitride nanotubes [0039].
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Chao et al. 20230044415 exemplifies four walled embodiments having layers A,B and C, with the following A/B/A/A, AB/AB, AB/A/C, A/B/B/A, A/B/B/B, A/B/B/C, AB/C/A, A/B/C/B, or A/B/C/C structures at [0043], but does not exemplify multiwalled structures with at least two carbon nanotube walls between two multiwalled nanotube of inorganic materials.
With respect to claim 17, it would have been obvious to one skilled in the art to form a pellicle with 6-10 walls as taught at [0040], having the structure A/A/B/B/A/A or A/A/B/B/C/C, where A and C are selected from HfO.sub.2, Al.sub.2O.sub.3, ZrO.sub.2, Y.sub.2O.sub.3, La.sub.2O.sub.3, B.sub.4C, YN, Si.sub.3N.sub.4, BN, NbN, RuNb, YF.sub.3, TiN, ZrN. Ru, Nb, Y, Sc, Ni, Mo, W, Pt, or Bi and B is a carbon nanotube as taught at [0041-0045] with a reasonable expectation of forming a useful pellicle
With respect to claim 17 and 20, it would have been obvious to one skilled in the art to form a pellicle with 6-10 walls as taught at [0040], having the structure A/A/B/B/B/A/A, A/A/B/B/B/B/A/A, A/A/B/B/B/B/B/A/A , A/A/B/B/B/B/B/B/A/A, A/A/B/B/B/C/C, A/A/B/B/B/B/C/C, A/A/B/B/B/B/B/C/C , A/A/B/B/B/B/B/B/C/C, A/A/A/B/B/B/A/A, A/A/B/B/B/B/A/A/A or A/A/A/B/B/B/A/A/A, A/A/A/A/B/B/B/B/A/A, A/A/A/B/B/B/C/C, A/A/B/B/B/B/C/C/C or A/A/A/B/B/B/C/C/C or A/A/A/A/B/B/B/B/C/C where A and C are selected from HfO.sub.2, Al.sub.2O.sub.3, ZrO.sub.2, Y.sub.2O.sub.3, La.sub.2O.sub.3, B.sub.4C, YN, Si.sub.3N.sub.4, BN, NbN, RuNb, YF.sub.3, TiN, ZrN. Ru, Nb, Y, Sc, Ni, Mo, W, Pt, or Bi and B is a carbon nanotube as taught at [0041-0045] with a reasonable expectation of forming a useful pellicle
With respect to claim 17,19 and 21, it would have been obvious to one skilled in the art to form a pellicle with 6-10 walls as taught at [0040], having the structure A/A/B/B/A/A or A/A/B/B/C/C, where A and C are selected from a boron nitride nanotube, a transition metal dichalcogenide (TMD) nanotube, where TMD is represented by MX.sub.2, where M is one or more of Mo, or W, and X is one or more of S, Se, or ZrO.sub.2; and B is a carbon nanotube as taught at [0041-0045] with a reasonable expectation of forming a useful pellicle
With respect to claim 17and 19-21, it would have been obvious to one skilled in the art to form a pellicle with 6-10 walls as taught at [0040], having the structure A/A/B/B/B/A/A, A/A/B/B/B/B/A/A, A/A/B/B/B/B/B/A/A , A/A/B/B/B/B/B/B/A/A, A/A/B/B/B/C/C, A/A/B/B/B/B/C/C, A/A/B/B/B/B/B/C/C , A/A/B/B/B/B/B/B/C/C, A/A/A/B/B/B/A/A, A/A/B/B/B/B/A/A/A or A/A/A/B/B/B/A/A/A, A/A/A/A/B/B/B/B/A/A, A/A/A/B/B/B/C/C, A/A/B/B/B/B/C/C/C or A/A/A/B/B/B/C/C/C or A/A/A/A/B/B/B/B/C/C, where A and C are selected from a boron nitride nanotube, a transition metal dichalcogenide (TMD) nanotube, where TMD is represented by MX.sub.2, where M is one or more of Mo, or W, and X is one or more of S, Se, or ZrO.sub.2; and B is a carbon nanotube as taught at [0041-0045] with a reasonable expectation of forming a useful pellicle
Chao et al. 20230044415 clearly teaches composite/heterostructuresd nanotubes with up to 10 walls.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Chao et al. 20230044415, in view of Chao et al. CN 115877653, Chatterjee et al. 20200272047 and Lima et al. WO 2025/075913.
Chao et al. CN 115877653 teachers with respect to figure 17A, the formation of pellicle of carbon nanotubes coated with boron nitride using CVD. This is then heated at 300-800 degrees C in the presence of oxygen to remove the carbon nanotubes to yield the hollow structures illustrated in figure 17B [0085-0087].
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As shown in FIG. 7A, the pressure in the vacuum chamber is reduced so that a pressure is applied to the solvent in the chamber or cylinder. Since the mesh or pore size of the support membrane is sufficiently smaller than the size of the nanotubes, the nanotubes are captured by the support membrane while the solvent passes through the support membrane. The support membrane on which the nanotubes are deposited is detached from the filtration apparatus of FIG. 7A and then is dried. In some embodiments, the deposition by filtration is repeated so as to obtain a desired thickness of the nanotube network layer as shown in FIG. 7B. In some embodiments, after the deposition of the nanotubes in the solution, other nanotubes are dispersed in the same or new solution and the filter-deposition is repeated. In other embodiments, after the nanotubes are dried, another filter-deposition is performed. In the repetition, the same type of nanotubes is used in some embodiments, and different types of nanotubes are used in other embodiments. In some embodiments, the nanotubes dispersed in the solution include multiwall nanotubes [0057] After separation from the filtration apparatus, the mesh/porous support (80) membrane (80) is used to support the pellicle membrane (90) as it is attached to the frame (15) and trimmed. [0055-0056,0071-0073]. These coating (outer nanotubes) are then coated upon the surface with layer (100) using boron nitride to form the structures of 13A [0076,0085-0087].
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In some embodiments, after the elongated single wall nanotubes is grown from the catalysts on the support frame or bar, one or more outer nanotubes are formed co-axially wrapping around the single wall nanotubes. In some embodiments, BN nanotubes and/or TMD nanotubes are formed around single wall carbon nanotubes by CVD. In some embodiments, metal sources (Mo, W, etc) and chalcogen source are supplied as gas sources into the vertical furnace. In a case of forming a MoS.sub.2 layer, a Mo(CO).sub.6 gas, a MoCl.sub.5 gas, and/or a MoOCl.sub.4 gas are used as a Mo source, and a H.sub.2S gas and/or a dimethylsulfide gas are used as a S source, in some embodiments [0050]. In one or more of the foregoing and following embodiments, the outer nanotubes are made of a non-carbon based material. In one or more of the foregoing and following embodiments, the non-carbon based material is a transition metal dichalcogenide (TMD), where TMD is represented by MX.sub.2, where M is one or more of Mo, W, Pd, Pt, or Hf, and X is one or more of S, Se or Te. In one or more of the foregoing and following embodiments, the two-dimensional material layers are made of a non-carbon based material. In one or more of the foregoing and following embodiments, the non-carbon based material is a transition metal dichalcogenide (TMD), where TMD is represented by MX.sub.2, where M is one or more of Mo, W, Pd, Pt, or Hf, and X is one or more of S, Se or Te [0092].
Chatterjee et al. 20200272047 teaches with respect to figure 4A-D, the formation of an ordered array of carbon nanotubes (CNTs) arranged in a lattice. These are overcoated with a h-BN coating (this is a 2D material having the same lattice structure as CNTs as shown in figure 4B. This is then coated with CNT (408) to yield the CNT-BNNT-CNT structure illustrated in figure 4C, this is then coated with h-BN to yield the CNT-BNNT-CNT-BNNT illustrated in figure 4D and 4E.
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[0042-0049].
Figures 2A and 2B show the pellicle attached to a frame [0032].
Chao et al. 20230044415 does not describe the formation of a heterostrutured nanotube, which is then, captured on a filter attached to a substrate and then coated with a @D/nanotube material.
It would have been obvious to one skilled in the art to modify the process of forming a pellicle of heterostructured multiwalled nanotubes taught by Chao et al. 20230044415 by forming an inorganic nanotube of boron nitride nanotube, a transition metal dichalcogenide (TMD) nanotube, where TMD is represented by MX.sub.2, where M is one or more of Mo, W, Pd, Pt, or Hf, and X is one or more of S, Se or Te., followed by a carbon nanotube coating to form the heterostructured nanotubes taught at [0041-0045] having a structure of A/A/B/B or the like , collecting these on a filter as taught in Chao et al. CN 115877653 at [0055-0057] and Lima et al. WO 2025/075913 at [0054] to form a self leveling film, noting that the filtering process is taught with carbon and BN nanotubes in these references and then attaching these to the substrate and coating with inorganic nanotube wall of boron nitride nanotube, a transition metal dichalcogenide (TMD) nanotube, where TMD is represented by MX.sub.2, where M is one or more of Mo, W, Pd, Pt, or Hf, and X is one or more of S, Se or Te in a manner similar to that of Chatterjee et al. 20200272047 in figure 4E and Chao et al. CN 115877653 at [0076,0085-0087].
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.
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Claims 8-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12461447 in view of Lee et al. JP 2019028462
Claim 13 recites “A method, comprising: generating extreme ultraviolet (EUV) radiation in a lithography system; projecting the EUV radiation to a mask pellicle system, wherein the mask pellicle system comprises a mask a pellicle membrane mounted on the mask, the pellicle membrane comprising: a matrix of a plurality of nanotubes, the plurality of nanotubes including nanotubes having a core shell structure; and a coating layer comprising a first coating layer on a first side of the pellicle membrane distal from the mask and a second coating layer on a second side of the pellicle membrane proximal to the mask, the first coating layer and the second coating layer independently including a compound selected from a non-metal carbide, a non-metal silicide, a transition metal carbide or a transition metal silicide; and directing the EUV radiation reflected from the mask to a semiconductor substrate to expose a resist layer disposed on the semiconductor substrate.”
Claim 15 recites “The method of claim 14, wherein the compound of the first coating layer and the second coating layer includes one or more of boron carbide (B.sub.4C), boron silicon carbide (BCSi), silicon hexaboride (B.sub.6Si), silicon carbide (SiC), niobium monosilicide (NbSi), niobium silicide, niobium carbide (Nb.sub.4C.sub.3), zirconium silicide (ZrSi.sub.2), zirconium carbide (ZrC), molybdenum carbide, molybdenum disilicide (MoSi.sub.2) and molybdenum silicide (Mo.sub.5Si.sub.3).”
Claim 16 recites” The method of claim 13, wherein the nanotubes having a core shell structure comprise a carbon nanotube core and a shell comprising molybdenum disulfide (MoS.sub.2), molybdenum diselenide (MoSe.sub.2), tungsten disulfide (WS.sub.2) or tungsten diselenide (WSe.sub.2).”
Claim 18 recites: “The method of claim 17, wherein the coating layer is on each individual nanotube of a given bundle of the nanotubes having a core shell structure.”
Claim 20 recites” “The method of claim 13, wherein the coating layer includes non-carbon containing nanotubes or is a 2-dimensional film.”
Lee et al. JP 2019028462 (machine translation attached) teaches a pellicle membrane which may include a substance having a two-dimensional crystal structure, that is, a 2D substance. For example, the pellicle membrane 130 may include a 2D material including at least one of h-BN, silicon (Si), phosphorus (P), boron (B), and graphene. Further, the thickness of the pellicle membrane 130 is approximately 5 nm to 50 nm [0077]. A protective film is formed on at least one of the two surfaces 130a and 130b of the pellicle membrane 130. Such a protective film further enhances the durability of the pellicle membrane 130 in an exposure process using light in the extreme ultraviolet (EUV) region, and reduces or minimizes deformation of the pellicle membrane 130 that may occur due to heat accumulation. The protective film also has excellent physicochemical durability so that the pellicle membrane 130 is not damaged by exposure to light in the extreme ultraviolet (EUV) region for a certain period of time or by a surface cleaning process. Can be granted. The protective film includes a carbon-based material, a two-dimensional (2D) material, a transition metal dichalcogenide (TMD), ruthenium (Ru), molybdenum (Mo), silicon (Si), zirconium (Zr), boron ( B) and / or silicon nitride (SiN) may be included. Here, the carbon-based material includes, for example, amorphous carbon, graphene, nano graphite, carbon nanosheet, carbon nanotube, SiC, and B4C. At least one of them may be included. The TMD includes a metal element, for example, a chalcogen element of one of Mo, W, Nb, V, Ta, Ti, Zr, Hf, Tc and Re and one of S, Se and Te. But you can. The two-dimensional material may include one of Cu, Ga, In, Sn, Ge, and Pb [0079-0080]. A frame 50 may be provided between the pellicle membrane 40 and the photomask 30. Here, the frame 50 is provided at an edge portion of the photomask 30 and plays a role of supporting the separated door lock pellicle membrane 40 at a predetermined interval from the photomask 30. For example, the height of the frame 50 is also about 1 mm to 10 mm so that the distance between the pellicle membrane 40 and the photomask 30 is about 1 mm to 10 mm. The description related to the layers constituting the frame 50 will be described later [0065]
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The claims of U.S. Patent No. 12461447 embrace the invention of claims 8-15, except for the recitation of a frame to space the pellicle membrane.
It would have been obvious to one skilled in the art to practice the invention of the claims which recites the structure of the pellicle and that it is mounted to a photomask (claim 13) where the bundle of core shell nanotubes (claim 18) where the shell is molybdenum disulfide (MoS.sub.2), molybdenum diselenide (MoSe.sub.2), tungsten disulfide (WS.sub.2) or tungsten diselenide (WSe.sub.2).” (claim 16) and the coating layer is a 2D or non-carbon nanotube material (claim 20) which includes silicon carbide (claim 15) where the resulting pellicle film is spaced from the photomask using a frame as is known in the art from figures 1 and thew associated text of Lee et al. JP 2019028462 with a reasonable expectation of forming as useful pellicle/mask composite which renders the pellicle and frame of instant claims 8-15 obvious.
The applicant argues that the restriction in the prosecution of the patent bars the ODP rejection. This is not the case. If there was a restriction between the groups in the instant application, this would be true. The restriction during the prosecution of the patent/reference does not bar the examiner form making the cross-statutory class ODP rejection.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hsu et al. 20220244634 teaches the nanotubes 214 may also be bundled within the porous thin film 212 such that a plurality of individual nanotubes 214 form a bundle (i.e., a string or rope-like structure). As a result, the porous thin film 212 includes a network of a plurality of bundles of nanotubes 214. A nanotube bundle may include, for example, 2-20 individual nanotubes 214. In a nanotube bundle, individual nanotubes 214 may be aligned and joined along their longitudinal directions. Nanotubes 214 of a bundle may also be joined end-to-end such that the length of the nanotube bundle is greater than the length of the individual nanotubes. The nanotubes 214 may typically be joined by van der Waals forces [0023].
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The nanotube shell 214B includes a material having high resistance to oxidation and chemicals. The nanotube shell 214B thus helps to protect the nanotube core 214A from the attack by UV or EUV light and ionized gases that come in contact with the nanotube shell 214B, e.g., H+ gas. The nanotube shell 214B also serves as a thermal conductive layer which promotes the transfer of the thermal energy from the nanotube core 214A to the environment around the pellicle membrane 210. In some embodiments, the nanotube shell 214B includes a low extinction coefficient material to ensure sufficient transmission of UV or EUV light. In some embodiments, the shell material (i.e., second material) may have an extinction coefficient less than or equal to 0.02. In some embodiments, the shell material allows for the transmission of 80% or more, 85% or more, 90% or more, 95% or more of the radiation to the photomask. In some embodiments, the nanotube shell 214B may include boron nitride (BN), boron (B), boron carbide (B4C), boron carbon nitride (BCN), silicon nitride (SiN), silicon carbide (SiC), silicon boron nitride (SiBN), or silicon boron carbide (BC). In some embodiments, the nanotube shell 214B is formed of a single wall boron nitride nanotube (BNNT). In some other embodiments, the nanotube shell 214B is formed of a multiwall BNNT. The thickness of the nanotube shell 214B is controlled so that the nanotube shell 214B does not degrade the transparence of the pellicle membrane 210 to UV or EUV light while providing a reliable protection to the nanotube core 214A. In some embodiments, the nanotube shell 214B may have a thickness ranging from about 1 nm to about 10 nm. If the thickness of the nanotube shell 214B is too small, sufficient protection to the nanotube core 214A from attack by UV or EUV radiation or chemicals is not sufficient, in some instances. If the thickness of the nanotube shell 214B is too great, the transparence of the pellicle membrane 210 is degraded, in some instances. In some embodiments, the nanotube shell 214 has a thickness of 5 nm with a variation of 10% or less [0027].
Hsu et al. 20230236496 The network of heterostructure nanotubes illustrated in FIG. 2B. As illustrated, the heterostructure nanotube 250 includes a CNT core 252 surrounded by a BNNT shell 254. In some embodiments, the CNT core 252 is formed of a single CNT and the BNNT shell 254 surrounding the single CNT. In some embodiments, the CNT core 252 is formed of a CNT bundle and the BNNT shell 254 surrounds the CNT bundle. A CNT bundle may include for instance 2 to 20 individual CNTs. In a CNT bundle, individual CNTs may be aligned and joined along their longitudinal directions. CNTs of a bundle may also be joined end-to-end such that the length of the CNT bundle is greater than the length of the individual CNTs. The CNTs may typically be joined by van der Waals forces. In some embodiments, the CNT core 252 is formed of a CNT aggregate and the BNNT shell 254 surrounds the CNT aggregate. A CNT aggregate may include more than 10 individual CNTs joined both side-by-side and end-to-end, accordingly, both the length and diameters of the CNT aggregate are greater than the length and diameter of the individual CNTs, respectively. The BNNT shell 254 has excellent mechanical strength while maintaining high transmittance to EUV radiation. As a result, the stability of the CNTs is improved [0048].
CN 108745380 forms a CNT/MoS2 hetero-nanotube and then heats to remove the CNT.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 September 29, 2026
