Prosecution Insights
Last updated: July 17, 2026
Application No. 17/734,125

ETCHING METHOD, SUBSTRATE PROCESSING APPARATUS, AND SUBSTRATE PROCESSING SYSTEM

Non-Final OA §103
Filed
May 02, 2022
Priority
Dec 20, 2019 — JP 2019-230465 +2 more
Examiner
CROWELL, ANNA M
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
3 (Non-Final)
45%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 45% of resolved cases
45%
Career Allowance Rate
194 granted / 435 resolved
-20.4% vs TC avg
Strong +31% interview lift
Without
With
+30.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
28 currently pending
Career history
471
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
78.5%
+38.5% vs TC avg
§102
4.5%
-35.5% vs TC avg
§112
0.7%
-39.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 435 resolved cases

Office Action

§103
DETAILED ACTION 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 20, 26 has been entered. Terminal Disclaimer The terminal disclaimer filed on April 20, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 11,355,350 has been reviewed and is accepted. The terminal disclaimer has been recorded. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-8 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hudson et al. (U.S. 2020/0066540) in view of (Katsunuma (U.S. 2019/0362984) or Yokoyama et al. (U.S. 2021/0143017)) and Shu et al. (U.S. 2020/0343142). Referring to Figures 1-2 and paragraphs [0017]-[0032]), Hudson et al. disclose a plasma processing apparatus comprising: a plasma processing chamber 249 having at least one gas inlet (Fig. 2, par.[0018]); a substrate holder 208, 234 located in the plasma processing chamber (Fig. 2, par.[0018]); a plasma generator 206 located above the substrate holder (Fig. 2, par.[0018]); a first radio-frequency power supply 230 configured to supply a first radio-frequency power to the substrate holder or the plasma generator (Fig. 2, par.[0018]); a second radio-frequency power supply 230 configured to supply a second radio-frequency power to the substrate holder (Fig. 2, par.[0018]); and circuitry 235, 300 (Fig. 2, pars.[0018]-[0021]) configured to: perform control so that a substrate is placed on the substrate holder (Fig. 2); perform control so that to form a protective layer 112, 424 on a surface of a side wall defining a recess in a layer of the substrate (Figs. 1, 4D, par.[0025]), the protective layer containing phosphorus (par.[0032]), and perform control to etch the layer to increase a depth of the recess after the protective layer is formed (Fig. 4F, par.[0029]). Hudson et al. is silent of the layer of the substrate includes an organic layer. Referring to paragraphs [0035]-[0036], Katsunuma teach a plasma processing apparatus wherein it is conventionally known in the art for the layer EF of the substrate W includes an organic layer since it is conventionally known material used for a substrate for an electronic device. Referring to paragraphs [0067], Yokoyama et al. teach a plasma processing apparatus wherein it is conventionally known in the art for the layer MK of the substrate W includes an organic layer since it is conventionally known material used for a substrate for an electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the substrate of Hudson et al. such that the layer of the substrate includes an organic layer as taught by Katsunuma or Yokoyama et al. since it is a conventionally known material used for a substrate for an electronic device. Additionally, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination (MPEP 2144.07). Hudson et al. is silent on wherein the protective layer is formed by chemical vapor deposition. Referring to paragraph [0113], Yokoyama et al. teach a plasma processing apparatus wherein the protective layer is formed by chemical vapor deposition (i.e. protective film PF formed with chemical species in plasma generated from the process gas). Referring to paragraph [0029], Shu et al. teach a semiconductor manufacturing apparatus wherein it is preferred that the protective layer is formed by either chemical vapor deposition or atomic layer deposition processes. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the apparatus of Hudson et al. such that the protective layer is formed by chemical vapor deposition as taught by Yokoyama et al. and Shu et al. since it is a known and preferred method for forming the protective layer. PNG media_image1.png 840 815 media_image1.png Greyscale With respect to claim 2, the plasma processing apparatus of Hudson et al. further includes wherein during the forming of the protective layer 112, 424: a precursor layer is formed on the surface of the side wall with a first gas 116 (Fig. 1, par.[0017]), and the protective layer is formed from the precursor layer with a second gas 120 (Fig. 1, par.[0017]), wherein the first gas or the second gas contains phosphorus (oar.[0032]). With respect to claim 3, the plasma processing apparatus of Hudson et al. further includes wherein a plurality of layer deposition cycles, each including the forming of the precursor layer and the forming of the protective layer from the precursor layer, are performed sequentially (Fig. 1, par.[0025]). With respect to claim 4, the plasma processing apparatus of Hudson et al. further includes wherein the plurality of layer deposition cycles include at least one layer deposition cycle in which the forming of the precursor layer (i.e. priming layer) is performed under a condition different from a condition under which at least another one of the plurality of layer deposition cycles (i.e. priming layer) is performed (pars.[0024]-[0025], i.e. different reactants [0031]-[0034]). With respect to claim 5, the plasma processing apparatus of Hudson et al. further includes wherein the plurality of layer deposition cycles include at least one layer deposition cycle in which the forming of the protective layer from the precursor layer (i.e. by plasmaless process) is performed under a condition different than in which at least another one of the plurality of layer deposition cycles (i.e. priming layer by plasma) is performed (pars.[0024]-[0025], i.e. different reactants [0031]-[0034]). With respect to claim 6, the plasma processing apparatus of Hudson et al. further includes wherein the circuitry 235, 300 is configured to sequentially perform a plurality of cycles that include the forming of the protective layer and the etching of the layer (Fig. 1, pars. [0025], [0029]). With respect to claim 7, the plasma processing apparatus of Hudson et al. further includes wherein the plurality of cycles include at least one cycle in which the forming of the protective layer is performed under a condition (i.e. temperature) different from a condition under which at least another one of the plurality of cycles is performed (par.[0037]). With respect to claim 8, the plasma processing apparatus of Hudson et al. further includes wherein the plurality of cycles include at least one cycle in which the etching of the layer is performed under a condition (i.e. temperature) different than in which at least another one of the plurality of cycles is performed (par.[0037]). With respect to claim 18, the plasma processing apparatus of Hudson et al. further includes wherein the protective layer is formed by chemical vapor deposition or atomic layer deposition (pars.[0024], [0031]). With respect to claim 19, the plasma processing apparatus of Hudson et al. further includes wherein the process gas contains at least one of O2, CO2, N2,H2, H20, or an inorganic compound with an N-H bond (par.[0032]). Response to Arguments Applicant’s arguments have been considered but are moot because reference Yokoyama et al. and new reference Shu et al.’142 teach that a protective layer is formed by chemical vapor deposition. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Slaybaugh et al.’445 teach that a protective layer formed by CVD. Hitsamatsu et al.’344 teach that a protective layer can be formed by CVD or ALD. Yokoyama et al.’016 teach a protective film containing phosphorus. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michelle CROWELL whose telephone number is (571)272-1432. The examiner can normally be reached Monday-Thursday 10:00am-6:00pm. 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, Parviz Hassanzadeh can be reached at 571-272-1435. 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. /Michelle CROWELL/Examiner, Art Unit 1716 /SYLVIA MACARTHUR/Primary Examiner, Art Unit 1716
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Prosecution Timeline

May 02, 2022
Application Filed
May 19, 2025
Non-Final Rejection mailed — §103
Sep 19, 2025
Response Filed
Jan 22, 2026
Final Rejection mailed — §103
Apr 20, 2026
Response after Non-Final Action
May 20, 2026
Request for Continued Examination
May 22, 2026
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12685050
METHODS AND APPARATUS FOR PROCESSING A SUBSTRATE
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PLASMA PROCESSING APPARATUS AND PLASMA PROCESSING METHOD
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Patent 12603255
PLASMA PROCESSING APPARATUS AND PLASMA PROCESSING METHOD
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Patent 12604708
ATOMIC LAYER ETCH SYSTEMS FOR SELECTIVELY ETCHING WITH HALOGEN-BASED COMPOUNDS
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Patent 12555741
MAGNETIC HOUSING SYSTEMS
3y 1m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
45%
Grant Probability
75%
With Interview (+30.8%)
3y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 435 resolved cases by this examiner. Grant probability derived from career allowance rate.

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