Prosecution Insights
Last updated: October 02, 2026
Application No. 18/773,367

UNDERLAYER OF MULTILAYER STRUCTURE AND METHODS OF USE THEREOF

Non-Final OA §DP
Filed
Jul 15, 2024
Priority
May 28, 2021 — provisional 63/194,742 +1 more
Examiner
LEBENTRITT, MICHAEL
Art Unit
Tech Center
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
935 granted / 1014 resolved
+32.2% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
16 currently pending
Career history
1028
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
41.8%
+1.8% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1014 resolved cases

Office Action

§DP
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/15/2024 and 03/26/2026 was filed before the mailing date of the first action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,074,027. Although the claims at issue are not identical, they are not patentably distinct from each other because similar subject matter is claimed: Instant application: A method comprising: depositing a bottom layer over a substrate, wherein the bottom layer comprises a polymer, a first cross-linking agent and a second cross-linking agent different from the first cross-linking agent; thermally treating the bottom layer to form a cross-linked bottom layer, the cross-linked bottom layer having a gradient of cross-linking density across a thickness of the cross-linked bottom layer; forming a hard mask layer over the cross-linked bottom layer; forming a photoresist layer over the hard mask layer; exposing the photoresist layer to a radiation source according to a pattern; developing the photoresist layer; performing a first etching process to form the pattern in the cross-linked bottom layer and the hard mask layer but not in the substrate; and performing a second etching process to form the pattern in the substrate. 2. The method of claim 1, wherein the first cross-linking agent comprises cross- linking moieties selected from epoxy, ester, ether, tosylate,-C=CH₂, -C=CH, SH and anhydride. 3. The method of claim 1, wherein the second cross-linking agent comprises one or more functional groups including fluorine. 4. The method of claim 1, wherein the second cross-linking agent comprises a fluorine containing group satisfying one of the following formulas: -(CHₓFy)ₙCH₇Fm where n is 1 to 10, x+y=2 and z+m=3; and -(O-CₙF₂ₙ₊₁) where n=1 to 10. 5. The method of claim 1, wherein the cross-linking density of the cross-linked bottom layer is the highest at an upper surface of the cross-linked bottom layer. 6. The method of claim 1, wherein a concentration of the second cross-linking agent in an upper section of the bottom layer is greater than a concentration of the second cross-linking agent in a lower portion of the bottom layer. 7. The method of claim 1, wherein an upper section of the bottom layer comprises the first cross-linking agent and the second cross-linking agent in a concentration greater than a concentration of the first cross-linking agent and the second cross-linking agent in an lower section of bottom layer. 8. The method of claim 1, wherein thermally treating the bottom layer comprises baking the bottom layer at a temperature between about 100° C to 300° C. 9. The method of claim 1, wherein thermally treating the bottom layer comprises: baking the bottom layer in a first baking step at a temperature ranging between 100° C to 180° C; and baking the bottom layer in a second baking step at a temperature ranging between 180° C to 300° C. 10. The method of claim 1, wherein a weight ratio of an amount of the polymer to an combined amount of the first cross-linking agent and the second cross-linking agent ranges between 4:1 to 1:4. 11. A method comprising: depositing a bottom layer over a substrate, wherein the bottom layer comprises a polymer, a first cross-linking agent and a second cross-linking agent different from the first cross-linking agent, the second cross-linking agent including one or more functional groups including fluorine; cross-linking the polymer with the first cross-linking agent and the second cross-linking agent to form a cross-linked bottom layer, the cross-linked bottom layer having a gradient of cross-linking density across a thickness of the cross-linked bottom layer; forming a photoresist layer over the cross-linked bottom layer; patterning the photoresist layer to form a patterned photoresist layer; etching the cross-linked bottom layer to form a patterned cross-linked bottom layer using the patterned photoresist layer as an etch mask; and etching the substrate using the patterned cross-linked bottom layer as an etch mask. 12. The method of claim 11, wherein cross-linking the polymer with the first cross- linking agent and the second cross-linking agent comprises baking the bottom layer. 13. The method of claim 12, wherein cross-linking the polymer with the first cross-linking agent and the second cross-linking agent further comprises exposing the bottom layer to light. 14. The method of claim 11, wherein the first cross-linking agent comprises a mixture of a thermally activated first cross-linking agent and a light activated first cross-linking agent. 15. The method of claim 11, wherein the second cross-linking agent comprises a mixture of a thermally activated second cross-linking agent and a light activated second cross- linking agent. 16. A method comprising: forming a bottom layer over a substrate, wherein the bottom layer comprises a polymer, a first cross-linking agent and a second cross-linking agent different from the first cross-linking agent, the forming the bottom layer including concentrating the second cross-linking agent near an upper surface of the bottom layer; forming a cross-linked bottom layer by cross-linking the polymer, the first cross-linking agent and the second cross-linking agent with each other, the cross-linked bottom layer having a gradient of cross-linking density across a thickness of the cross-linked bottom layer; forming a photoresist layer over the cross-linked bottom layer; exposing the photoresist layer to a radiation source according to a pattern; developed the exposed photoresist layer to form a patterned photoresist layer; etching the cross-linked bottom layer to form a patterned cross-linked bottom layer using the patterned photoresist layer as an etch mask; and etching the substrate using the patterned cross-linked bottom layer as an etch mask. 17. The method of claim 16, wherein the polymer comprises an acrylate polymer, a novolac polymer or a hydroxystyrene polymer. 18. The method of claim 16, wherein the first cross-linking agent comprises include an acrylate polymer, a poly(4-hydroxystyrene) polymer or a novolac type polymer that is functionalized by R-X, wherein: R is -CₙH₂ₙ-, -0-CₙH₂ₙ-; is epoxy, -ORa, -NH₂, -NRaH; Ra is -CₙH₂ₙ+1; and n is an integer from 1 to 4. 19. The method of claim 16, wherein the second cross-linking agent comprises an acrylate polymer, a novolac polymer, a polyhydroxystyrene polymer, a polyhydroxystyrene and novolac copolymer that include at least one fluorine containing monomer unit. 20. The method of claim 19, wherein the at least one fluorine containing monomer unit contains a fluorine containing group satisfying one of the following formulas: -(CHₓFy)ₙCH₂Fm where n is 1 to 10, x+y=2 and z+m=3; and -(O-CₙF₂ₙ₊₁) where n=1 to 10. ‘027: 1. A method comprising: providing a substrate; forming a bottom layer over the substrate, wherein the bottom layer includes a polymer, a first cross-linking agent and a second cross-linking agent different from the first cross-linking agent, the second cross-linking agent including one or more functional groups including fluorine; thermally treating the bottom layer; forming a hard mask layer over the thermally treated bottom layer; forming a photoresist layer over the hard mask layer; exposing the photoresist layer to a radiation source according to a pattern; developing the photoresist layer; performing a first etching process to form the pattern in the bottom layer and the hard mask layer but not in the substrate; and performing a second etching process to form the pattern in the substrate. 2. The method of claim 1, wherein forming the bottom layer includes forming a layer of a BARC material. 3. The method of claim 1 wherein providing a substrate includes providing a substrate that is conductive. 4. The method of claim 1, wherein the second cross-linking agent comprises a fluorine containing group satisfying one of the following formulas: -(CHₓFy)nCH₂Fm where n is 1 to 10, x+y=2 and z+m=3; and -(O-CₙF₂ₙ+1) where n=1 to 10. 5. The method of claim 4, wherein the bottom layer includes at least one polymer selected from an acrylate polymer, a novolac polymer and a hydroxystyrene polymer. 6. The method of claim 1, wherein the forming the bottom layer includes concentrating the second cross-linking agent near an interface between the bottom layer and the hard mask layer. 7. A method comprising: providing a substrate including a conductive layer; forming a bottom layer over the substrate, wherein the bottom layer includes a plurality of polymers, a plurality of first cross-linking agents and a plurality of second cross-linking agents different from the first cross-linking agents, the forming the bottom layer including concentrating the second cross-linking agents near a surface of the bottom layer; cross-linking the polymers of the bottom layer using the plurality of first cross-linking agents and the plurality of second cross-linking agents; forming a photoresist layer over the bottom layer; exposing the photoresist layer to a radiation source according to a pattern; developing the photoresist layer; performing a first etching process to form the pattern in the bottom layer but not in the conductive layer; and performing a second etching process to form the pattern in the conductive layer. 8. The method of claim 7, further comprising at least one of causing the polymers of the bottom layer to crosslink directly with each other, causing the first cross-linking agents to crosslink directly with each other and causing the second cross-linking agents to crosslink directly with each other. 9. The method of claim 8 wherein the at least one of causing the polymers of the bottom layer to crosslink directly with each other, causing the first cross- linking agents to crosslink directly with each other and causing the second cross-linking agents to crosslink directly with each other includes exposing the bottom layer to alight energy prior to the forming of the photoresist layer.. 10. The method of claim 9, wherein the light energy has a wavelength between 10 nanometers and 1000 nanometers. 11.The method of claim 8, wherein the at least one of causing the polymers of the bottom layer to crosslink directly with each other, causing the first cross- linking agents to crosslink directly with each other and causing the second cross-linking agents to crosslink directly with each other includes exposing the bottom layer to alight energy after the developing the photoresist layer. 12. The method of claim 7, further comprising forming a hard mask layer over the bottom layer prior to the forming a photoresist layer over the bottom layer. 13. The method of claim 7, wherein the cross-linking the polymers of the bottom layer using the plurality of first cross-linking agents and the plurality of second cross-linking agents includes adjusting the a temperature of the bottom layer to between 150° C to 300° C. 14. The method of claim 13, wherein the adjusting the temperature of the bottom layer to between 150° C to 300° C occurs in a single heating step or occurs in multiple heating steps. 15. The method of claim 7, wherein the conductive layer is metal gate material. 16. The method of claim 7, wherein the bottom layer is a bottom antireflective coating. 17. A method comprising: providing a substrate including a gate material layer; forming a bottom antireflective coating layer over the gate material layer, wherein the bottom antireflective coating layer includes one or more polymers selected from polyhydroxystyrene polymers, novolac polymers and polyhydroxystyrene and novolac copolymers, a plurality of first cross-linking agents and a plurality of second cross-linking agents different from the first cross-linking agents, the second cross-linking agents selected from acrylate polymers, novolac polymers, polyhydroxystyrene polymers, polyhydroxystyrene and novolac copolymers that include at least one fluorine containing monomer unit; concentrating the second cross-linking agents near a surface of the bottom antireflective coating layer; cross-linking the polymers of the bottom antireflective coating layer using the plurality of first cross-linking agents and the plurality of second cross-linking agents; forming a photoresist layer over the bottom antireflective coating layer; exposing the photoresist layer to a radiation source according to a pattern; developing the photoresist layer; performing a first etching process to form the pattern in the bottom antireflective coating layer but not in the gate material layer; and performing a second etching process to form the pattern in the gate material layer. 18. The method of claim 17, wherein a ratio of the at least one fluorine containing monomer unit to other monomer units of the second cross-linking agent ranges 10:1 to 1:10. 19. The method of claim 17, wherein a weight ratio of the one or more polymers of the bottom antireflective coating layer to a combination of the first cross-linking agents and the second cross-linking agents ranges between 4:1 and 1:4. 20. The method of claim 17, wherein the plurality of second cross-linking agents includes a combination of thermal cross-linking agents and photosensitive cross-linking agents, a weight ratio of thermal cross-linking agents to photosensitive cross- linking agents ranging between 9:1 to 2:1. In regards to the above claims, it is well known in the art that forming a bottom layer on a substrate involves depositing a bottom layer and thermal treatment is necessary to form cross links. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LEBENTRITT whose telephone number is (571)272-1873. The examiner can normally be reached IFP Mon- Fri 8:30 am- 6 pm. 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, Sue Purvis can be reached at (571)272-1236. 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. MICHAEL . LEBENTRITT Primary Examiner Art Unit 2893 /MICHAEL LEBENTRITT/Primary Examiner, Art Unit 2893
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Prosecution Timeline

Jul 15, 2024
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
92%
Grant Probability
98%
With Interview (+6.2%)
2y 3m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1014 resolved cases by this examiner. Grant probability derived from career allowance rate.

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