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 .
(RCE)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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 of an RCE filed on 02/11/26 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims #1-5, 7-14, 21-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim #1 is rejected is indefinite as it is not clear if the recitation “ at least one selected from the group of a nitriding gas and an oxidizing gas ” requires the claimed device to include at least one of both nitriding gas and an oxidizing gas , or simply at least one of either nitriding gas or oxidizing gas. The applicant is advised that, the use of the phrase “at least one of… and…” is a conjunctive list requiring at least one of each of the listed elements; “at least one of… or…” must be used when the intended requirement is to define a structure having at least just one of the cited elements. See Superguide Corp. v DirecTV Enters., Inc., 358 F.3d 870 (69 UPQ2d 1865) (fed. Cir. 2004). The applicant is further advised that, in comparing the claimed invention with the Prior
Art, the Examiner assumed, based on the originally filed description and drawings, claim as defining a method including at least one of either a nitriding gas or oxidizing gas.
As such the following claim rejection follows: Claim #1 (Chen et al., 2014/0042559) shows in paragraph 0058 (In certain other embodiments, NH.sub.4OH gas may be formed by a reaction of NH.sub.3 and H.sub.2O vapor, and the NH.sub.4OH gas may be diluted by an inert gas). Correction to the matter is requested.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) #1, 5, 9, 13, 21, 23-25 are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Cheng et al., (U.S. Pub. No, 2014/0134818), hereinafter referred to as "Cheng".
Cheng shows, with respect to claim #1 and 13, a method of processing a substrate, comprising: forming a film containing silicon (fig. 4, item 242) (paragraph 0015) on the substrate (fig. 4, item 242) (paragraph 0008) by performing a cycle a predetermined number of times (paragraph 0017; until critical thickness is reached), the cycle including performing: (a) forming a first layer containing silicon (fig. 4, item 242) (paragraph 0015) on the substrate (fig. 4, item 242) (paragraph 0008) by supplying a first precursor gas (paragraph 0015; SiH4) containing silicon to the substrate without supplying a second precursor gas (paragraph 0020) that is different from the first precursor gas and contains a bond between atoms of silicon to the substrate (paragraph 0016); (b) after (a),forming a second layer (fig. #6, item 262) (paragraph 0020) containing silicon on the substrate by supplying the second precursor gas (Si2H6) to the substrate (fig. 4, item 242) on which the first layer is formed without supplying the first precursor gas to the substrate (paragraph 0020), supplying a reaction gas (paragraph 0058-0059), which contains at least one selected from the group of a nitriding gas and an oxidizing gas (NH3 and H2O vapor), to the substrate on which the second layer is formed to perform at least one selected from the group of nitridation of the second layer and oxidation of the second layer (paragraph 0058-0061) wherein a number of atoms of silicon (paragraph 0015; SiH4) contained in each molecule of the first precursor gas is one (paragraph 0015), and wherein a number of atoms of silicon (Si2H6) contained in each molecule of the second precursor gas is two or more (paragraph 0020).
Cheng shows, with respect to claim #5, a method wherein halosilane-based gases different from each other are used as the first precursor gas (SiH4) and the second precursor gas (Si2H6), respectively (paragraph 0015, 0020).
Cheng shows, with respect to claim #9, a method wherein the second layer (Si2H6) is a layer containing a bond between atoms of the first element (SiH4) (paragraph 0015, 0020).
Cheng shows, with respect to claim #21, a method wherein a temperature of the substrate in the cycle is set to a temperature at which pyrolysis of the first precursor gas is not caused in (a) and pyrolysis of the second precursor gas is caused in (b) (paragraph 0016, 0020).
Cheng shows, with respect to claim #23, a method wherein the reaction gas contains the nitriding gas, and wherein the film containing silicon is a silicon nitride film (paragraph 0070, 0059, 0060-0061).
Cheng shows, with respect to claim #24, a method wherein the reaction gas contains the oxidizing gas, and wherein the film containing silicon is a silicon oxide film (paragraph 0070, 0059, 0060-0061).
Cheng shows, with respect to claim #25, a method wherein the reaction gas contains the nitriding gas and the oxidizing gas, and wherein the film containing silicon is a silicon oxynitride film (paragraph 0070, 0059, 0060-0061).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim #2-4, 8, 10, 12, 14, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al., (U.S. Pub. No, 2014/0134818), hereinafter referred to as "Cheng" as shown in the rejection of claim #1 above and in view of HARADA et al., (U.S. Pub. No, 2017/0170004), hereinafter referred to as "Harada".
Cheng substantially shows the claimed invention as shown in the rejection of claim #1 above.
Cheng fails to show, with respect to claim #2 and 14, a method wherein the first layer is a layer that suppresses silicon from being adsorbed on the first layer, and wherein in the second layer is formed on the substrate by adsorbing silicon on an adsorption site left on the substrate.
Harada teaches, with respect to claim #2 and 14, a method wherein the first layer is a layer that suppresses silicon from being adsorbed on the first layer, and wherein in the second layer is formed on the substrate by adsorbing silicon on an adsorption site left on the substrate (fig. #5B&C) (paragraph 0082-0083).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #2 and 14, to modified the invention of Cheng as modified by the invention of Harada, which teaches, a method wherein the first layer is a layer that suppresses silicon from being adsorbed on the first layer, and wherein in the second layer is formed on the substrate by adsorbing silicon on an adsorption site left on the substrate, to incorporate a structural condition that would reduce the problem of interface roughness between subsequent films, as taught by Harada.
Cheng fails to show, with respect to claim #3, a method wherein the first layer has no adsorption site on which silicon is adsorbed.
Harada teaches, with respect to claim #3, a method wherein the first layer has no adsorption site on which silicon is adsorbed (fig. #5A&C) (paragraph 0082-0083).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #3, to modified the invention of Cheng as modified by the invention of Harada, which teaches, a method wherein the first layer has no adsorption site on which silicon is adsorbed, to incorporate a structural condition that would reduce the problem of interface roughness between subsequent films, as taught by Harada.
Cheng fails to show, with respect to claim #4, a method wherein the first precursor gas contains a halogen element , and wherein bonding hands other than bonding hands adsorbed on a surface of the substrate , among a plurality of bonding hands of atoms of the first element constituting the first layer, are terminated by atoms of the halogen element.
Harada teaches, with respect to claim #4, a method wherein the first precursor gas contains a halogen element (paragraph 0028), and wherein bonding hands other than bonding hands adsorbed on a surface of the substrate (fig. #5A-C), among a plurality of bonding hands of atoms of the first element constituting the first layer, are terminated by atoms of the halogen element (paragraph 0087, 0101).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #4, to modified the invention of Cheng as modified by the invention of Harada, which teaches, a method wherein the first precursor gas contains a halogen element, and wherein bonding hands other than bonding hands adsorbed on a surface of the substrate , among a plurality of bonding hands of atoms of the first element constituting the first layer, are terminated by atoms of the halogen element, to incorporate a structural condition that would achieve an effect of greatly improving the oxidizing power, as taught by Harada.
Cheng fails to show, with respect to claim #8, a method wherein a thickness of the second layer is greater than a thickness of the first layer.
Harada teaches, with respect to claim #8, a method wherein a thickness of the second layer is greater than a thickness of the first layer (paragraph 0077, 0081, 0106).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #8, to modified the invention of Cheng as modified by the invention of Harada, which teaches, a method wherein a thickness of the second layer is greater than a thickness of the first layer, to incorporate a structural condition that would enhance the controllability of the film thickness uniformity, as taught by Harada.
Cheng substantially shows the claimed invention as shown in the rejection of claim #9 above.
Cheng fails to show, with respect to claim #10, a method wherein the bond between atoms of the first element contained in the second layer is formed by bonding the first element having a dangling bond, which is generated by pyrolysis of the second precursor gas, to each other.
Harada teaches, with respect to claim #10, a method wherein the bond between atoms of the first element contained in the second layer is formed by bonding the first element having a dangling bond, which is generated by pyrolysis of the second precursor gas, to each other (paragraph 0073).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #10, to modified the invention of Cheng as modified by the invention of Harada, which teaches, a method wherein the bond between atoms of the first element contained in the second layer is formed by bonding the first element having a dangling bond, which is generated by pyrolysis of the second precursor gas, to each other, to incorporate a structural condition that would enhance the controllability of the film thickness uniformity, as taught by Harada.
Cheng fails to show, with respect to claim #12, a method wherein a ratio of the first element contained in the film containing the first element is controlled by changing a ratio of a supply amount of the second precursor gas per cycle to a supply amount of the first precursor gas per cycle.
Harada teaches, with respect to claim #12, a method wherein a ratio of the first element (Si) contained in the film containing the first element is controlled by changing a ratio of a supply amount of the second precursor gas (O2) per cycle to a supply amount of the first precursor gas per cycle (paragraph 0030, 0068).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #12, to modified the invention of Cheng as modified by the invention of Harada, which teaches, a method wherein a ratio of the first element contained in the film containing the first element is controlled by changing a ratio of a supply amount of the second precursor gas per cycle to a supply amount of the first precursor gas per cycle, to incorporate a structural condition that would generate an oxidizing species such as atomic oxygen (O) or the like and act to improve efficiency of an oxidizing process, as taught by Harada.
Cheng fails to show, with respect to claim #22, a method wherein a thickness of the first layer is less than one atomic layer.
Harada teaches, with respect to claim #22, a method wherein a thickness of the first layer is less than one atomic layer (paragraph 0080).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #22, to modified the invention of Cheng as modified by the invention of Harada, which teaches, a method wherein a thickness of the first layer is less than one atomic layer, to incorporate a structural condition that would provide to possibility of enhancing the controllability of the film thickness uniformity, as taught by Harada.
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Claim #11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al., (U.S. Pub. No, 2014/0134818), hereinafter referred to as "Cheng" as shown in the rejection of claim #1 above and in view of HIROSE et al., (U.S. Pub. No. 2014/0080321), hereinafter referred to as "Hirose".
Harada substantially shows the claimed invention as shown in the rejection of claim #1 above.
Harada fails to show, with respect to claim #11, a method wherein the substrate has a recess structure on its surface, and wherein the film containing the first element is formed within the recess structure.
Hirose teaches, with respect to claim #11, a method wherein the substrate has a recess structure on its surface, and wherein the film containing the first element is formed within the recess structure (paragraph 0149-0150).
It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #11 to modified the invention of Harada as modified by Lei and Besser, with the modifications of the invention of Hirose, which teaches a method wherein the substrate has a recess structure on its surface, and wherein the film containing the first element is formed within the recess structure, to incorporate a method wherein high aspect ratio areas are provided uniform coverage over needed surfaces, as taught by Hirose.
EXAMINATION NOTE
The rejections above rely on the references for all the teachings expressed in the text of the references and/or one of ordinary skill in the art would have reasonably understood or implied from the texts of the references. To emphasize certain aspects of the prior art, only specific portions of the texts have been pointed out. Each reference as a whole should be reviewed in responding to the rejection, since other sections of the same reference and/or various combinations of the cited references may be relied on in future rejections in view of amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andre’ Stevenson whose telephone number is (571) 272 1683 (Email Address, Andre.Stevenson@USPTO.GOV). The examiner can normally be reached on Monday through Friday from 7:30 am to 4:30 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Zandra Smith can be reached on 571-272 2429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Andre’ Stevenson Sr./
Art Unit 2899
03/06/2026
/ZANDRA V SMITH/ Supervisory Patent Examiner, Art Unit 2899