Prosecution Insights
Last updated: April 19, 2026
Application No. 17/897,618

METHOD OF PROCESSING SUBSTRATE, METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE, SUBSTRATE PROCESSING APPARATUS, AND RECORDING MEDIUM

Final Rejection §103
Filed
Aug 29, 2022
Examiner
MILLER, JR, JOSEPH ALBERT
Art Unit
1715
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kokusai Electric Corporation
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
85%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
838 granted / 1233 resolved
+3.0% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
50 currently pending
Career history
1283
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
23.7%
-16.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1233 resolved cases

Office Action

§103
DETAILED ACTION Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-6 and 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (2018/0122631). Xiao teaches a method of processing a substrate comprising: - forming an oligomer layer on a substrate with a concave portion including supplying a precursor to the substrate, flowing a first nitrogen and hydrogen and flowing a second nitrogen and hydrogen gas – see for example application of the oligomers [0052] (with reference to specific formulas) and the application of first and second hydrogen and nitrogen containing gases including a compound of Formula II is applied along with that of Formula I [0040, 60] and (second gas) an ammonia plasma, a plasma comprising ammonia and hydrogen (or ammonia and argon) and other such mixtures [0055], wherein the steps include applying cycles [0065], and - wherein the process is performed at a substrate temperature of <100 degrees [0058], - and a thermal post treatment at a temperature in the range of about 100 – 1000 deg C, thereby teaching the film forming at a second temperature not less than the first. Regarding the particular cycles, the teachings as noted include that the steps of a cycle are performed in a variety of manners including sequentially or concurrently or any combination therefore, see [0065], as such, to include any combination of reactants together or in sequence as claimed would have been obvious. There is no showing of criticality of any of the variably claimed orders, and a change in the sequence of adding ingredients is generally not patentable without such criticality. To simultaneously perform one step and non-simultaneously another (other) step(s) is obvious from the teachings. The supplying the second and first nitrogen and hydrogen containing gas as part of the step (a) do not require unique gases, therefore even one step meets the claim requirements (i.e. if one gas is supplied for 2 seconds, one second is the first supplying step and 1 second is the second supplying step, even though the claim names “second” and “first” gases they are not required to be distinct. Regarding claims 2-4, the prior art teaches preferably less than 100 degrees, which aligns with the specification teaching of controlling such that physical adsorption occurs preferably over chemical adsorption and/or thermal decomposition. While the prior art does not specifically teach controlling for the thermal decomposition versus chemical and/or physical adsorption, but per the instant specification, this is linked to a control of process conditions, particularly temperature (see particularly [0053]). Regarding claims 5 and 6, the teachings include that the material is flowed into the concave portion in a fluid manner [0035]. Regarding claims 10-12, the process includes during the processing flowing inert atmospheres to assist in the flow/fill of the material, which is also understood to effect discharge of components (in addition to the low pressure [0068]. Regarding claims 13 and 14, the precursor gas contains the claimed elements, see particularly the examples of [0070-74]. Regarding claims 15 and 16, as per claim 1 and the denoted structures per Xiao, the first and second gases have different molecular structures and the gases meet the requirements of claim 16, see [0040]. Regarding claims 17 and 18, as per [0052-55] such gases are supplied. Regarding claim 19, per [0002] a semiconductor device is formed. Response to Arguments Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive. Applicants argue that the specification shows the benefits of the claimed. Applicants point to Fig. 6 but again this does not limited the first versus second N/H gas from being the same or different, the claim does not teach the same process cycle (no inert gas between the two exposures) and also there is no evidence of any benefit of following the claimed process. The applicants state that the first exposure acts as a catalyst and the second cycle removes byproducts. Depending on the time of application, the prior art is capable of the same effect and applicants do not disclose any measured benefit of the same process. Generally the arguments are of unexpected results, but there is no documentation of such results. As claimed the embodiments are within the teachings of Xiao. See MPEP 716.02(A) in regard to unexpected results. Conclusion 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 JOSEPH A MILLER, JR whose telephone number is (571)270-5825. The examiner can normally be reached 8-5 (Flex). 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, Timothy Meeks can be reached at 571-272-1423. 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. /JOSEPH A MILLER, JR/Primary Examiner, Art Unit 1712
Read full office action

Prosecution Timeline

Aug 29, 2022
Application Filed
Sep 16, 2025
Non-Final Rejection — §103
Dec 19, 2025
Response Filed
Jan 30, 2026
Final Rejection — §103 (current)

Precedent Cases

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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
68%
Grant Probability
85%
With Interview (+16.7%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 1233 resolved cases by this examiner. Grant probability derived from career allow rate.

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