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 .
Status of the Claims
Claims 1-18 are pending and rejected. Claims 19 and 20 are withdrawn. Claims 1, 5, 6, and 7 are amended.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/20/2026 has been entered.
Claim Rejections - 35 USC § 103
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 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 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.
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.
Claims 1-4, 8-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao, US 2014/0287164 A1.
Regarding claim 1, Xiao teaches a method of depositing a material on a surface of a substrate (depositing a carbon-doped silicon containing film on a substrate, abstract and 0012) comprising:
providing the substrate within a reaction chamber (0032 and 0046);
providing a precursor represented by a chemical formula comprising silicon, at least one halide, and at least one functional group comprising carbon and oxygen within the reaction chamber; and providing a plasma within the reaction chamber (providing an organoalkoxyalkylsilane precursor having the formula of R6Si(OR7)xH3-x, where x=1, 2, 3 R6 is selected from groups including halide atoms and R7 is selected from C1 to C10 linear or branched alkyl groups, C5 to C10 aromatic groups, etc., 0035 and 0037, where iodine is indicated as being a desirable halide, 0109); and
providing a plasma within the reaction chamber (providing an oxygen source into the reactor, 0039, or a nitrogen source into the reactor, 0053, where the oxygen source is selected from reactants such as water plasma or oxygen plasma, 0125, and the nitrogen source is selected from ammonia plasma, nitrogen plasma, nitrogen/hydrogen plasma and a mixture thereof, 0126, and where energy is applied to at least one of the precursor, nitrogen-containing source, or oxygen-containing source, with the energy being plasma, 0129, such that plasma will be provided in the reaction chamber).
They teach that the term aryl denotes an aromatic cyclic functional group having from 5 to 10 carbon atoms, where exemplary groups include phenyl, benzyl, etc. (0104). They teach that an example of an unsaturated ring can be an aromatic ring such as a phenyl ring (0107). They indicate that R7 and R5 can be formed from the same groups (0019), where phenyl is indicated as being a suitable group for R5 (Table I), indicating that phenyl groups are suitable for R7. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention that the aromatic C5-C10 group can be selected from aryl groups such as a phenyl group because phenyl is indicated as being a suitable group for R7 and because they indicate that phenyl is an aromatic cyclic group.
From this, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have selected iodine as a halogen group for R6 and a C5-C10 aromatic group such a phenyl (i.e. an aryl group) for R7, and x=3 because Xiao teaches that such groups are desirable for the precursor. Therefore, the formula of Xiao overlaps a range in which the at least one functional group comprising carbon and oxygen is a C6 aryl group (phenyl) so as to provide a precursor consisting essentially of silicon, iodine, and functional groups comprising carbon and oxygen, including the at least one functional group comprising carbon and oxygen.
Regarding claims 2-4, Xiao suggests the process of claim 1. As noted above, the oxygen is bonded to silicon and carbon, where the functional group overlaps the alkyl ranges of claim 3, i.e., where R7 is selected from a group consisting of C1 to C10 alkyl group and there is one halide group (0035 and 0037). They teach that the R7 is independently selected from the listed groups (0037), such that it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have selected, for example, a phenyl group for one of the R7 groups and a C1-C10 alkyl group for another so as to provide groups meeting the requirements of claim 3 because Xiao teaches that such groups are suitable for R7. Further, it meets the formula of claim 4, where one of X1-X4 is iodine and three of X1-X4 are the functional group comprising carbon and oxygen (0035).
Alternatively, for claim 3, Xiao teaches that aryl groups include phenyl, benzyl, tolyl, and o-xylyl groups (0104). They also indicate that phenyl and alkyl substituted phenyl groups can be used as R5 (Table I). They teach that alkyl denotes a linear or branched alkyl group having from 1 to 10, or 3 to 10, or 1 to 6 carbon atoms (0102). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have selected an alkyl substituted phenyl group as one of the R7 groups because they indicate that such a group is suitable for R5, where R5 and R7 are selected from the same species such that it will be expected to provide a suitable ligand for the precursor. Therefore, the single functional group will include oxygen, a C1-C6 alkyl ligand and a C6 aryl group, i.e., phenyl having alkyl substituents.
Regarding claim 8, Xiao suggests the process of claim 1. As noted above, they suggest using a C5-C10 aromatic group as R7, such that the group comprising carbon and oxygen overlaps a range of a C6 aryl group, and where it is suggested to use a phenyl group, such that when x=3, it will provide iodotriphenoxysilane.
Regarding claims 9 and 10, Xiao suggests the process of claim 1. They further teach that when forming a carbon-doped silicon nitride film by atomic layer deposition, a nitrogen source is provided into the reactor (0045-0053), where the nitrogen source includes ammonia plasma, nitrogen/hydrogen plasma, and a mixture thereof (0126). Therefore, the step of providing the plasma will not comprise providing an oxidant to the reaction chamber because a nitrogen source is provided, where the nitrogen source includes a combination of hydrogen, nitrogen, and ammonia plasma.
Regarding claim 11, Xiao suggests the process of claim 1. They further teach that the method of forming the film includes PEALD (abstract).
Regarding claims 12 and 13, Xiao suggests the process of claim 1. They further teach purging the chamber after providing the precursor and after the plasma, i.e., the oxygen or nitrogen source that includes plasma (0038, 0043, 0052, 0055, 0057, and 0139).
Regarding claim 14, Xiao suggests the process of claim 13. As discussed above, they teach using plasma for the oxygen or nitrogen source (0125-0126). They teach that the energy, such as plasma, is provided to at least one of the precursor, nitrogen-containing source, oxygen-containing source, reducing agent, or other precursors to induce reaction and form the film (0129). Therefore, since the purging removes gases from the chamber (0139) and there is no indication that plasma is provided during the purge, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have not applied RF power to the chamber during purging so as to not formed a plasma.
Regarding claim 15, Xiao suggests the process of claim 1. They further teach that the films are deposited at temperatures of 100°C to 500°C, 100°C to 300°C, etc. (0123), such that the temperature of the reactor is also expected to be at these temperatures to provide a desirable deposition temperature. Therefore, the temperatures overlap, meet, or are within the claimed ranges. According to MPEP 2131.03, “[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art.” Titanium Metals Corp.v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) (citing In re Petering, 301 F.2d 676, 682, 133 USPQ 275, 280 (CCPA 1962)) (emphasis in original). According to MPEP 2144.05, “in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.”
Regarding claim 17, Xiao suggests the process of claim 1. They further teach that the material comprises carbon-doped silicon oxide, silicon oxynitride, silicon oxycarbide, etc. (0012).
Claims 5-7, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao as applied to claims 1 and 4 above, and further in view of Pore, US 2020/0075322 A1 (note second inventor is used as in the Office Action of 6/3/2025).
Regarding claims 5-7, 16, and 18, Xiao suggests the process of claims 1 and 4, where they teach using a formula of R6Si(OR7)xH3-x, where x=1, 2, 3, R6 is selected from groups including halide atoms and R7 is selected from groups including C1-C10 alkyls and C5 to C10 aromatic groups (0017 and 0019). They teach using the process for semiconductor devices (0013, 0092, 0131-0132). They teach forming carbon-doped silicon containing films including carbon-doped silicon nitride, silicon oxynitride, silicon oxycarbide, silicon carbonitride, and combinations thereof (0012).
They do not teach that the precursor includes multiple halide or iodine ligands.
Pore teaches methods for depositing SiOCN films on a substrate in a reaction chamber (abstract and 0053). They teach that a vapor phase first reactant comprising silicon contacts the substrate (0053), where a second reactant, comprising a hydrogen plasma, is provided to contact the substrate with the plasma being generated in the chamber or upstream (0054 and 0063). They teach that the precursor includes the formula LnSi(ORI)4-x-n(RIINRIIIRIV)x, where n=1-3, x=0-3, RI may be an independently selected alkyl group and L is an independently selected alkyl group or halogen (0116-0117), where the halogen can include iodine (0127). Therefore, when x=0, the formula of Pore is similar to that of Xiao, where Pore indicates that three iodine or halide groups can be provided with one alkoxy group. Pore further teaches that the second reactant is formed at least in part from H2 and may also contain noble gases (0130). Pore teaches that the process is a PEALD process, where the temperature of the PEALD process ranges from about 100°C to about 450°C or from about 200°C to about 400°C (abstract and 0078). They teach that the pressure during the process ranges from about 0.1 Torr to about 10 Torr (about 13.3 Pa to about 1333 Pa), about 20 Torr to about 500 Torr (about 2666 Pa to about 66661 Pa), or about 20 Torr to about 30 Torr (about 2666 Pa to about 3999 Pa) (0083). They teach using the process to form low-k spacers (0085). They teach that spacers are used in the semiconductor industry (0048 and 0085). Therefore, Pore teaches using a process similar to that of Xiao (PEALD) using similar precursors and temperature conditions to form SiOCN films for use as spacers.
From the teachings of Pore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the process of Xiao to have used a precursor having 2 or 3 iodine groups and 1 or 2 alkoxy groups and to have reacted it with hydrogen plasma in PEALD process at a pressure in the range of about 13.3 Pa to about 1333 Pa, about 2666 Pa to about 66661 Pa, or about 2666 Pa to about 3999 Pa so as to form an SiOCN film for use as a spacer because Pore teaches that a precursor similar to that of Xiao can include two or three iodine atoms and 1 or 2 alkoxy groups for reacting with a hydrogen plasma by PEALD as in the process of Xiao to form a SiOCN film for use as a spacer and Xiao teaches forming carbon-doped silicon containing films for use in semiconductor devices such that it will be expected to provide the desired and predictable result of forming a desirable SiOCN film for spacer applications. Therefore, the precursor will include two or three iodine atoms and 1 or 2 alkoxy groups meeting the requirements of claims 5 and 6 and the film will be deposited at a pressure overlapping the range of claim 16 so as to form a spacer on a substrate as required by claim 18. Further, while Pore does not teach that the precursor includes an aryl group, since Xiao indicates that R7 can be alkyl or aryl, the groups are understood to be substitutable for one another and since Pore provides a precursor having an alkyl group like Xiao with more than one halogen compound, using more than one halogen compound in the process of Xiao in combination with an aryl group is also expected to provide the film as desired. Therefore, since Xiao suggests using a phenyl group for R7 and Xiao in view of Pore suggest using 2 halide groups, the formula is considered to include diiododiphenoxysilane.
Response to Arguments
Applicant's arguments filed 1/26/2026 have been fully considered.
Regarding Applicant’s arguments over Xiao, it is noted that in the formula of Xiao, x can be 3 so as to provide a formula in which the compound consists essentially of silicon, iodine, and functional groups comprising carbon and oxygen. Specifically, when x is 3, R6 is iodine and R7 is a phenyl group the compound meets the claimed requirements. Therefore, they provide a compound having ligands and ranges that include the claimed features.
Regarding Applicant’s arguments over Pore (Suzuki '322), while they do not indicate that the compound includes an aryl group, as discussed above, since the compound is similar to the compound of Xiao, Pore teaches using the compound in forming SiOCN spacers by PEALD using similar conditions to those of Xiao, where Xiao indicates that a C5-10 alkyl group is an alternative to the aryl group, the inclusion of additional iodine groups is expected to also provide a compound with desirable reactivity in forming an SiOCN film.
Conclusion
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/CHRISTINA D MCCLURE/ Examiner, Art Unit 1718