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 .
DETAILED ACTION
Claims 1-6 and 8-15 of S. H. Lee, et al., US 18/039,206 (05/26/2023) are pending. Claims 8-15 are withdrawn as drawn to non-elected Groups, claims 1 and 6 are under examination on merits and are rejected.
Election/Restrictions
Pursuant to the restriction requirement, Applicant elected Group I (now claims 1 and 6), without traverse, in the reply filed on 10/28/2025. Claims 8-15 drawn to non-elected Group (II)-(III) are withdrawn from consideration pursuant to 37 CFR 1.142(b). Applicant canceled claims 2-5 and 7 in the reply filed on 02/20/2026. The Restriction requirement is maintained as FINAL.
Claim Interpretation
Examination requires claim terms first be construed in terms in the broadest reasonable manner during prosecution as is reasonably allowed in an effort to establish a clear record of what applicant intends to claim See MPEP § 2111. Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. See MPEP § 2111.01. It is also appropriate to look to how the claim term is used in the prior art, which includes prior art patents, published applications, trade publications, and dictionaries. MPEP § 2111.01 (III).
Interpretation of the Claim Term “oxide film reaction surface control agent” and “as a compound used to pretreat the surface of a semiconductor substrate on which an oxide film is to be formed by a deposition process, having an aspect ratio of 20:1 or greater”
Claim 1 recites the term of “oxide film reaction surface control agent” in the following context:
An oxide film reaction surface control agent as a compound used to pretreat the surface of a semiconductor substrate on which an oxide film is to be formed by a deposition process, having an aspect ratio of 20:1 or greater,
wherein the compound comprises at least one selected from the following chemical formulae 1-1 to 1-3, 2-1 to 2-3; and
wherein the oxide film is formed of one or more precursor compounds selected from a trivalent metal, a tetravalent metal, a pentavalent metal, and a hexavalent metal.
The specification defines the term of “reaction surface control” as:
[72] In the present disclosure, unless otherwise specified, the term "reaction surface control" means controlling a substrate surface to be used as a reaction surface in a deposition process so that a precursor compound is adsorbed to the substrate surface at a reduced reaction rate.
Specification at page 15, paragraph 72.
Therefore, consistent with the specification, the term of “oxide film reaction surface control agent” is broadly and reasonably interpreted as any cyclic or linear compound containing three or more elements having an unshared electron pair which reduces the deposition process rate of a precursor compound on the surface of a substrate compared the deposition process rate of the same precursor compound on the same surface of the same substrate at the same condition without the claimed “oxide film reaction surface control agent”.
Regarding the language of “as a compound used to pretreat the surface of a semiconductor substrate on which an oxide film is to be formed by a deposition process, having an aspect ratio of 20:1 or greater”, which is interpreted as intended use because this preamble language does not result in a structural difference of the recited chemical formulae 1-1 to 1-3 and/or 2-1 to 2-3.
Withdrawal Claim Rejections 35 U.S.C. 112(a) – Written Description
Rejection of claims 1-2 and 5-6 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement is withdrawn in view of the instant claim is amended by limiting the claimed compound comprises at least one selected from the chemical formulae 1-1 to 1-3, 2-1 to 2-3.
Withdrawal Claim Rejections– Double Patenting
Provisional rejection of claims 1-2 and 6 on the ground of nonstatutory double patenting as being unpatentable over the claims of 1-4 in the claim set filed on 09/13/2024 of the co-pending application of US 18/847,195 (published as US20250188598A1) is withdrawn in view of the terminal disclaimer filed by Applicant and approved by the USPTO respectively on 02/20/2026.
Provisional rejection of claims 1-7 on the ground of nonstatutory double patenting as being unpatentable over the claim 5 in the claim set filed on 09/11/2024 of the co-pending application of US 18/846,245 (published as US20250188599A1) is withdrawn in view of the terminal disclaimer filed by Applicant and approved by the USPTO respectively on 02/20/2026.
Provisional rejection of claims 1-2 on the ground of nonstatutory double patenting as being unpatentable over the claims of 5 in the claim set filed on 09/19/2024 of the co-pending application of US 18/848,682 (published as US20250214959A1) is withdrawn in view of the terminal disclaimer filed by Applicant and approved by the USPTO respectively on 02/20/2026.
Provisional rejection of claims 1-7 on the ground of nonstatutory double patenting as being unpatentable over the claim 3 in the claim set filed on 09/27/2024 of the co-pending application of US 18/851,743 (published as US20250218767A1) is withdrawn in view of the terminal disclaimer filed by Applicant and approved by the USPTO respectively on 02/20/2026.
Provisional rejection of claims 1-2 and 6 on the ground of nonstatutory double patenting as being unpatentable over the claims of 1-2 and 5 in the claim set filed on 09/16/2024 of the co-pending application of US 18/847,412 (published as US20250214919A1) is withdrawn in view of the terminal disclaimer filed by Applicant and approved by the USPTO respectively on 02/20/2026.
Maintained 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by N.S. Choi, et al, 161(2), Journal of Power Sources, 1254-1259 (2006)(“Choi”).
Choi teaches a electrolyte solution of lithium hexafluoro phosphate (LiPF6) in ethylene carbonate(EC) and diethyl carbonate (DEC). Chois at Abstract line 2; page 1255, left col. Experimental, line 4-6. SciFinder indicates that ethylene carbonate(EC) and diethyl carbonate (DEC) has the follows chemical structure.
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Claims 1 and 6 are anticipated because the compound ethylene carbonate(EC) has the same chemical structure as that of the chemical formula 1-2 ; and the compound diethyl carbonate (DEC) has the same chemical structure as that of the chemical formula 2-3 in claim 1. Reading claim 6, as mentioned in the Claim Interpretation above that the language of “as a compound used to pretreat the surface of a semiconductor substrate on which an oxide film is to be formed by a deposition process” is interpreted as intended use rather than claim limitation.
Applicant’s Argument
Applicant argues on the 102 rejection made in the previous Office action on the ground that the Choi compounds ethylene carbonate(EC) and diethyl carbonate (DEC) does not read on claim 1. See page 7, line 1-6 of the Remarks filed on 02/20/2026.
This argument has been fully considered but not persuasive because as indicated above in the rejection that the compound ethylene carbonate(EC) has the same chemical structure as that of the chemical formula 1-2; and the compound diethyl carbonate (DEC) has the same chemical structure as that of the chemical formula 2-3. Thus, Choi meets each and every limitation of claim, therefore, claim 1 is anticipated.
Conclusion
THIS ACTION IS MADE FINAL. 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 FRANK S. HOU whose telephone number is (571)272-1802. The examiner can normally be reached 6:30 am-2:30 pm Eastern on Monday to Friday. 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, Scarlett Goon can be reached at (571)2705241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANK S. HOU/Examiner, Art Unit 1692
/ALEXANDER R PAGANO/Primary Examiner, Art Unit 1692
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